1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. Re-security oil Co., Ltd. (hereinafter “re-security oil”) is an executor of the business of constructing and selling C (hereinafter “instant building”) on the land outside B and five parcels of land in Yancheon-si (hereinafter “instant building”). The Plaintiff is a contractor awarded a contract for the construction of the instant building from the re-security oil on March 28, 2003.

B. On March 3, 2004, the Defendant’s KRW 95,741,00 of the price for the first floor of the instant building (10.04 square meters of supplied area, 0.88 square meters of site area) from re-security oil, and the total sum of the down payment, intermediate payment, and remainder is KRW 95,740,00,000, and there is a difference between the total amount and the total amount, but on the other hand, the entry in the sales contract is based.

After being sold in lots, the sales contract of this case was concluded to pay 19,148,00 won as down payment on the day of the contract, 9,574,00 won as part payment, and 28,72,000 won as the remainder on the designated date of the sales contract (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows.

Article 1 (Supply Price and Payment Method) The re-security property shall be supplied by the defendant according to the following methods, and the defendant shall pay the corresponding amount to the re-security property:

5. The date of payment of remainder shall be the date of designation of shop occupants notified in writing separately.

Article 3 (Transfer of Ownership)

1. The defendant shall pay the sale price, arrears, management expenses, advance payment, etc. in full, and apply for the delivery of transfer of ownership to the re-security deposit within one month from the date the public book for re-security is completed, and shall complete the transfer of ownership at the defendant's expense within 60 days from the date the application for transfer of ownership is

Article 8 (Entry Points and Business)

2. To notify the Defendant of the designation of the occupant by mail not later than 30 days before the date of the designation of the occupant.

Article 15 (Termination of Contract)

1. Re-security may terminate this contract without due process, such as peremptory notice, in the following cases for the management of the contract:

(1)