1. The Defendant’s KRW 91,075,00 for the Plaintiff and KRW 15% per annum from April 11, 2019 to May 31, 2019.

In full view of Gap's statements and the purport of the whole arguments as to the cause of the claim, the plaintiff entered into a sales contract with the defendant on May 11, 2016, under which the plaintiff would purchase a unit unit unit of D D D D D D D D D D D D D D D D (hereinafter "the hotel of this case") from the defendant in Seopo-si, Jeju Special Self-Governing Province (hereinafter "the hotel of this case"). According to the contract of this case, "the scheduled occupancy date of the above E is the scheduled occupancy date of September 30, 2017, and the scheduled occupancy date may be changed according to the fairness and the accurate occupancy date may be changed, and the contract of this case provides that "the plaintiff may cancel the contract of this case where the occupancy is delayed for more than three months from the original scheduled occupancy date (Article 11 (3) 3), and Article 11 (3) 3, the contract of this case shall pay the defendant a penalty for the total amount of 10% penalty to the plaintiff.

(Article 12(3) of the former Rules, the Plaintiff paid to the Defendant the intermediate payment of KRW 15 million on May 14, 2016, and KRW 62.5 million on August 5, 2016 (the Plaintiff paid the said intermediate payment of KRW 62.5 million with the loan from the F association). The instant hotel obtained approval for use on February 1, 2019, and the Plaintiff expressed his/her intent to rescind the instant contract through the instant complaint on the grounds that “the occupancy in the instant hotel exceeds three months from September 30, 2017, the initial scheduled occupancy date.”

B. According to the above facts, even though the Defendant had passed three months from September 30, 2017 to September 30, 2017 scheduled occupancy date, it was impossible for the Plaintiff to move into the hotel of this case. As such, the instant contract was lawfully rescinded by delivering a copy of the instant complaint containing a declaration of intent for rescission.

Therefore, the defendant's restoration from the above rescission to the plaintiff, 75 million won = the sum of the down payment and intermediate payment paid by the plaintiff.