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1. The defendant attached to the plaintiff
1. As to the real estate recorded in the real estate list, Suwon District Court's Suwon District Court's registry office
Reasons
1. Facts of recognition;
A. On September 27, 201, the Plaintiff entered into a sales contract with the Defendant and the attached Form
1. The sales contract was concluded in which the real estate indicated in the real estate list (hereinafter “instant real estate”) was to be sold in lots in KRW 812,50,000,000, and the contract was concluded in which the balcony expansion and other options were to be supplied in the price of KRW 45,680,000 on the same day (hereinafter “instant sales contract”). According to the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 43,000,000 on the day of the contract (=the down payment of KRW 40,000,000 on the day of the contract) and the remainder shall be paid in December 27, 2011.
2) The Plaintiff and the Defendant at the time of entering into the instant sales contract, and ① if the market price as of December 27, 2013 of the instant real estate did not exceed 40,000,000 won compared to the sale price at the time of the instant sales contract, the Plaintiff’s special agreement to guarantee the difference within the scope of KRW 40,000 (hereinafter “instant special agreement to guarantee the premium”).
(2) Within 2 years from the date of the instant sales contract, if the conditions were modified more favorable than the conditions of the instant sales contract with respect to the same Dong (other than four floors) and type as the instant real estate within 2 years from the date of the instant sales contract, such conditions shall be retroactively applied to the instant sales contract (hereinafter “the instant contract terms guarantee agreement”).
(3) At the time of the conclusion of the instant sales contract, the Defendant discounted KRW 41,920,000 out of the sales price of the instant real estate under the pretext of providing the Plaintiff with interest calculated at the rate of 4.3% per annum on the money equivalent to 60% of the sales price of the instant real estate for two years. Since then, the Plaintiff gave up the special agreement on October 24, 201, instead of giving up the guarantee of the instant premium.