1. The plaintiff's claim is dismissed.

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

Basic Facts

Around September 2014, C entered into a fund management agency contract with the Defendant, a contractor, and D, and entered into a fund management agency contract (hereinafter “instant fund management contract”) with respect to a business that creates and sells 14 units of electric source housing in the name of “F” on the parcel outside and six parcels of Yongsan-si E (hereinafter “instant implementation project”).

On May 9, 2015, the Plaintiff entered into a housing sale contract and paid the purchase price for housing units, between C and G Co., Ltd., a seller, and the Si Co., Ltd., the Plaintiff: (a) purchased from C the said F Electric Housing (hereinafter “instant housing”); (b) KRW 68,000,000 from the sale price; and (c) KRW 68,000 from the down payment until May 11, 2015; (b) KRW 204,00,000 from the first intermediate payment until May 28, 2015; (c) KRW 170,00,000 from the second intermediate payment until August 10, 2015; and (d) KRW 238,000,000 from the remainder payment to the Defendant’s bank account (hereinafter “instant sales contract”) by February 25, 2016 (hereinafter “instant contract”).

In the sales contract of this case, the defendant refers to the company to act as an agent for the management of funds for the execution project of this case, and the sales price shall be paid in the deposit account of this case, and the amount not deposited in the deposit account of this case shall be null and void.

On May 11, 2015, the Plaintiff paid C a down payment of KRW 68,00,000,000, and paid KRW 204,000 for the first intermediate payment to the instant deposit account on May 29, 2015.

A second intermediate payment payment C through other accounts around August 10, 2015, which is the time limit for the second intermediate payment pursuant to the instant sales contract, is the time limit for the payment of the second intermediate payment under the instant sales contract, and around August 10, 2015, the account under the name of the Defendant [the National Bank J, the said account, K, and K used the same name (F) as the instant implementation project in the vicinity of the instant project site.