1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Determination as to the cause of claim

A. 1) On November 28, 2003, the Plaintiff and the Defendant on November 28, 2003, and the 7th E-056 above ground among C commercial buildings located in Eunpyeong-gu Seoul, the Defendant (hereinafter “instant commercial building”).

The specific date, amount, etc. of the purchase price of KRW 59,754,250 (including value-added tax) shall be stated in the payment method for the sale price in attached Form: Provided, That the initial sale price between the original defendant and the original defendant shall be 59,341,480 (including value-added tax; hereinafter the same shall apply

(1) The sales contract of this case seems to have been concluded retroactively on the date of the contract (see subparagraph 1 of this case, e.g., evidence 1 and evidence 7-2). The sales contract of this case with the contents of the sale in lots (hereinafter referred to as the "sale contract of this case") is to be executed after setting the sales price of 59,754,250 won after the later increase, decrease and settlement of the sales area (see Article 2 of the sales contract of this case)

(2) According to the instant sales contract, the Defendant paid the down payment and the first and the sixth intermediate payment to the Plaintiff, but the seventh intermediate payment paid only KRW 8,250, which is a part of the instant sales contract.

(3) The above C Commercial Building, including the instant commercial building, was completed upon approval for use on August 3, 2005. Meanwhile, according to the sales contract in the instant case, when the Defendant delayed the payment of the intermediate payment and the remainder, the Defendant shall pay the late payment charge calculated by applying the overdue rate of 18% per annum to the number of delayed days (Article 5(2) of the instant sales contract), and the Plaintiff shall deliver the documents necessary for the transfer of ownership after paying the remainder to the Defendant.

(A) Article 10(2) of the contract for the sale of this case / [the grounds for recognition] / [the fact that there is no dispute, Gap Nos. 1 through 3, 7 (including virtual numbers, hereinafter the same shall apply), Eul No. 1 and 3, and the purport of the whole pleadings.

B. According to the above facts of recognition 1, the defendant shall not have any special circumstances.