1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. Facts of recognition;

A. On January 6, 2017, the Plaintiff, who run the Rotterdam, entered into a tegrative contract with the Defendant on the instant apartment (hereinafter “instant apartment”). The Plaintiff used the instant apartment as a tegrative house (hereinafter “tegrative house”) that covers the Plaintiff’s construction of the instant apartment, with the condition that the construction cost be KRW 11,00,000 (the contract amounting to KRW 2,000, intermediate payment to KRW 8,000,000, the remainder amount to KRW 1,000,000, and the remainder of the contract amount to the instant apartment (hereinafter “instant contract”); the remainder date to the instant contract includes: (a) no later than April 30, 2017; and (b) no later than a week that uses the instant apartment as a tegrative condition.

B. On March 27, 2017, the Plaintiff constructed the interior of the instant apartment, and the Defendant completed the occupancy of the instant apartment on March 27, 2017.

C. The Defendant paid KRW 2,00,000 to the Plaintiff out of the construction cost of the instant apartment.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 2 through 4 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The gist of the cause of the Plaintiff’s claim entered into a contract with the Defendant at a intervals of KRW 11,00,000 with the condition that the instant apartment was used as a model house until April 30, 2017, with a total of KRW 23,820,000, on condition that the Plaintiff used the instant apartment as a model house. However, the Defendant could not enter the instant apartment because it did not timely pay any remainder after the purchase of the instant apartment and payment of the remainder. However, the instant apartment was occupied on March 27, 2017 and could not be used as a model house.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 21,820,000, which deducts KRW 23,820,000 already paid by the Defendant from the expenses actually incurred in the interior works of the instant apartment.

B. The gist of the Defendant’s defense, etc. and the Defendant’s initial apartment of the instant case on March 30, 2017.