1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered for payment following the order shall be revoked.

1. Basic facts

A. On March 6, 2009, the Plaintiff entered into a housing sale contract and a balcony expansion construction contract with the Defendant and B apartment Cdong (the subsequent alteration to Ddong) E (hereinafter “instant apartment”).

(hereinafter referred to as “instant sales contract” by adding the sales contract and the balcony expansion contract. The main contents are as follows:

- Housing sale contract - Article 1 [sale Price] 510,200,000 won [payment method] and where Eul (the defendant; hereinafter only hereinafter referred to as "B") receives a loan from a financial institution designated by Gap (the plaintiff; hereinafter referred to as "the plaintiff") and pays an intermediate payment, the loan interest rate from the date of conducting the intermediate payment loan to the first time immediately preceding the first day of the occupancy designation period designated by Gap among the loan interest accrued from the date of conducting the intermediate payment loan, the loan interest rate shall be paid by Gap on behalf of the lender and the loan interest interest accrued thereafter must be paid directly to the lending financial institution Eul.

(v) A (Defendant) shall repay the loan interest and the equivalent amount paid by A pursuant to paragraph (c) above to A within the period designated for occupancy by A in accordance with the contract for sale and purchase, and if it is not repaid within the period of time, the late payment provision of Section 3 of Article VII shall apply.

(hereinafter) Article 3 (Cancellation of Contract) (i) A may rescind this contract even after the peremptory notice has been given when it commits any of the following acts:

(2) Where the balance is not paid within three months from the agreed date (the expiration date of the designation for occupancy). (3) Where the interest on the part of the part payment he/she paid by the Party A fails to pay the balance within three months from the agreed date (the expiration date of the designation for occupancy), Article 4 / [Penalties] 10% of the total sales price shall revert to Party A as penalty

In such cases, the penalty shall be deemed reverted to the down payment that has been paid.

In the case of paragraphs (1) and (2), A shall deduct the penalty, etc. from the price already paid by B.