1. The Defendant’s KRW 121,00,000 as well as 20% per annum from September 16, 2015 to September 30, 2015 to the Plaintiff.

1. On November 2, 2006, the construction of Guro-gu Incheon Gyeyang-gu and D apartment that will be newly constructed on the ground of the claim was sold to the Defendant, who is the contractor of the above apartment, instead of wage and material cost. On November 3, 2006, the Defendant concluded a sales contract to sell the instant real estate at KRW 110 million to the Plaintiff on November 3, 2006.

On November 9, 2006, the Plaintiff paid the Defendant the down payment of KRW 60 million on the day of the contract, and the remainder of KRW 50 million on November 9, 2006.

However, on January 21, 2015, between the Defendant and the Defendant’s failure to perform the obligation to transfer ownership to the instant real estate, a third party acquired ownership by compulsory auction.

As such, inasmuch as the Defendant’s obligation to transfer ownership was impossible, the Defendant is obligated to return the purchase price of KRW 110 million to the Plaintiff and pay KRW 11 million, which is 10% of the purchase price, as penalty, to the Plaintiff, and thus, the Defendant is obligated to claim for the total amount of KRW 121 million and damages for delay.

2. Judgment on deemed confessions and the main sentence of Article 208 (3) 2 and the main sentence of Article 150 (3) of the Civil Procedure Act.

3. The statutory interest rate from October 1, 2015 to October 1, 2015 is 15% per annum pursuant to the amendment of the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings for Partial Dismissal, and thus, the portion of the claim for damages