1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Basic Facts

The Plaintiff entered into a sales contract with the Defendant on March 25, 2013, and entered into a sales contract with the Defendant to purchase the Seocho-gu Seoul Metropolitan Government C Apartment Down-dong 1401 (hereinafter “instant apartment”) for KRW 1.1 billion (hereinafter “instant sales contract”). The Plaintiff agreed to pay the down payment of KRW 10 million out of the down payment of KRW 110 million on the date of the contract, and transfer the remainder to the Defendant’s bank account on March 26, 2013, and KRW 730 million out of the remainder of KRW 990 million to the Defendant’s bank account on March 26, 2013.

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

◎ 계약내용 제5조 매수인이 잔금을 지불하기 전까지 매도인은 계약금의 배액을 배상하고, 매수인은 계약금을 포기하고 이 계약을 해제할 수 있다.

Article 6 If a seller or buyer has a default on obligations under this Agreement, one of the parties to the contract may notify in writing the other party who has defaulted on his/her obligation, and may cancel the contract if the other party has failed to perform the obligation.

In such cases, the seller and the buyer may claim damages from the other party respectively, and the standards of Article 5 shall apply, unless otherwise agreed on the damages.

◎ 특약사항 제4조 만일 2013. 3. 26.까지 계약금 중 1억원이 입금되지 않을 경우, 별도 약속이 없는 한 최고 없이 이 계약은 해제된다.

The Plaintiff transferred KRW 10 million out of the down payment to the bank account in the name of the Defendant (hereinafter “instant account”) on the day when the instant sales contract was concluded.

On March 26, 2013, the following day, the Defendant notified D that it would cancel the instant sales contract to the real estate agent D of E real estate, which arranged the conclusion of the instant sales contract, and terminated the instant account.