1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Facts of recognition

The total sale price: 223,00,000 won: 10,000 won for the remainder of occupancy: 213,00,000 won and 213,00,000 won for the purchase price (Provided, That the date of occupancy may be modified) on October 15, 2015, the purchaser shall enter into a contract after confirming the kind of goods.

The right to collateral security shall be terminated simultaneously with the balance.

The seller shall make a prior payment to the buyer in five-year amount of the forced performance amount of one million won per annum for the 601 of the above 601. The seller shall be liable for further expansion.

The down payment shall not be refunded in any case except at the time of the occurrence of the DB loan.

On September 10, 2015, the Plaintiff concluded a sales contract (hereinafter “instant contract”) with the Defendant to purchase Eunpyeong-gu Seoul Building 601 (hereinafter “instant real estate”).

The Plaintiff, on September 10, 2015, remitted to the Defendant KRW 223,00,000,000, and KRW 59,000,000 on October 2, 2015, and KRW 154,00,00 on October 8, 2015, respectively, paid to the Defendant a total of KRW 223,00,000,00.

The Plaintiff completed the registration of ownership transfer of the instant real estate on October 8, 2015.

【In the absence of dispute, the Plaintiff’s assertion of the following facts: (a) Gap evidence No. 1, Gap evidence No. 2-1, 2-2, and Gap evidence No. 3-1, and Gap evidence No. 4-2; and (b) the entire purport of the pleading was to pay to the Defendant the purchase price of the real estate of this case KRW 223,00,000.

Nevertheless, the Defendant did not pay the Plaintiff KRW 7,000,000 (=the cost of substitute payment of KRW 5,000,000 for non-performance penalty) to the Plaintiff, and thus, sought the payment of KRW 2,00,000 for directors.

The sale price of Defendant’s instant real estate was KRW 230,000,000, which was originally 230,000,000; however, reflecting the amount claimed by the Plaintiff in the contract after deducting the amount claimed by the Plaintiff, the sales price of the instant real estate was stated as KRW 223,00,000 (= KRW 230,000,000)

Therefore, there is no money to be paid separately by the Defendant to the Plaintiff.

Judgment

The Defendant agreed to pay KRW 7,00,000 to the Plaintiff.