1. The Defendant’s KRW 87,00,000 as well as 6% per annum from July 21, 2018 to January 22, 2020 to the Plaintiff.

1. On July 20, 2018, the Plaintiff entered into a sales contract with the Defendant who newly constructs and sells housing under the name of “C” (hereinafter “instant sales contract”).

Indication of lot number and number of the same use: The scheduled date of completion of construction of the building E (hereinafter referred to as the “instant house”) of the building C on the ground of Yongsan-gu, Busan Metropolitan City (hereinafter referred to as the “instant house”): August 31, 2018; the total sale price under Article 1 (Methods for Payment of Sale Price) on September 30, 2018: 420,000: 42,000,000 down payment: 42,000,000 won: 1,2 postponement, and intermediate payment: 378,000,000 won at the time of occupancy: The contract may be rescinded after the delivery of content certification in cases falling under any of the following subparagraphs:

1) If the scheduled date of occupancy is delayed for more than three months due to the Defendant’s cause attributable to the Defendant, 2) if the said payment is delayed for more than three months, the interest equivalent to twice the principal and the installment savings of the first financial right shall be paid to the Plaintiff when the contract is terminated due to the cause falling under Article 3 (Penalties and Compensation)(1)(1).

2) When the contract is terminated on the grounds falling under Article 2(2)(b), 10% of the purchase price already paid by the Plaintiff shall be deducted from the penalty, and the remainder shall be refunded to the Plaintiff.

Article 13 (Matters of Special Agreement) The provisions of this Special Agreement shall prevail over the General Provisions.

2) The intermediate payment of KRW 45 million deposited to F is the intermediate payment, and the Plaintiff paid KRW 42,000,000 for the down payment on July 20, 2018 according to the instant contract for sale in lots. [In the absence of dispute over the grounds for recognition, entry of KRW 1,00,000, and the purport of the entire pleadings,” and the purport of the entire pleadings.

2. Determination:

A. The plaintiff alleged that the contract of this case was cancelled since it had been delayed to move in for more than three months from the scheduled date of move in as set forth in the contract of this case, and thus, the defendant returned the sum of KRW 87,000,000 to the original state, and ② as penalty, KRW 42,00,000 as penalty.