1. The Defendant’s KRW 122,00,000 as well as the Plaintiff’s annual rate from October 14, 2015 to April 19, 2016, and the following.

1. Basic facts

A. On August 27, 2015, Plaintiff 1 purchased the instant building at KRW 980,000,000,000 for the payment of the purchase price of KRW 100,000,000,000, and the remainder KRW 888,000,000,000,000 was paid at the same time as the contract, and entered into a contract with the Defendant to pay the remainder of KRW 88,00,00,000 to September 24, 2015 (hereinafter “instant sales contract”).

B. The main contents of the instant sales contract are as follows.

Article 6:The buyer may refund the intermediate payment to the seller (if there is no intermediate payment agreement, the balance) until he pays the intermediate payment to the seller, and the buyer may waive the down payment and rescind each contract.

Special agreement terms: The purchaser will take over the amount of 540 million won (the actual debt amount of 450 million won) with the maximum debt amount of each of the above real estate at the time when the purchaser takes over the ownership transfer.

C. The Plaintiff paid the Defendant the down payment of KRW 100 million according to the instant sales contract.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 and 2 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion and the Defendant agreed to accept KRW 200 million for the obligation to return the lease deposit to the lessee of the instant building at the time of the instant sales contract, and thus, the actual remainder that the Plaintiff actually pays (i.e., KRW 980 million - KRW 450 million for the actual obligation to collateral security - KRW 200 million for the lease deposit - KRW 200 million for the lease deposit - KRW 100 million for the lease deposit.

Nevertheless, the defendant alleged that the 200 million won of the lease deposit should be returned to the lessee by the defendant, who is the seller, did not perform the obligation of transfer registration.

Therefore, the sales contract of this case is revoked, and the defendant is obligated to pay to the plaintiff the penalty of KRW 200 million under Article 6 of the sales contract of this case.

B. The Defendant’s argument 1 of this case is as follows.