1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Unaccompanied Comprehensive Engineering Co., Ltd. (hereinafter referred to as "unaccompanied") is a contractor who newly constructed and sold a C apartment, which is an apartment house with a scale of 3,000 households, on the land of 169,840 square meters on the land of 34,000 square meters outside Busan Nam-gu, Busan, and the plaintiff is a contractor who received a contract for the new construction of the apartment of this case from unaccompanied.

B. On March 9, 2005, the Defendant entered into a sales contract under the following terms and conditions (hereinafter “instant sales contract”) with a total of KRW 431,400,000 for the instant apartment unit 114 and 1705 (hereinafter “the instant apartment unit sales contract”). Of the sales price, KRW 21,50,000 for the first down payment and KRW 64,710,000 for the second down payment and the second down payment are paid in installments on April 20, 2005, and the second down payment was paid in installments six times from September 20, 2005 to March 20, 2008.

[this case's sales contract] The implementer's free delivery refers to "A", and the purchaser "B" refers to the purchaser "B," and the apartment supply contract between Gap and Eul is concluded as follows.

Article 1 (Supply Prices and Payment Methods)

3. The total sum of 50% of the total sales amount, including 10% of the down payment for the second and fourth intermediate payments, and 10% of the total sales amount, is the interest payment system in which A mediates loans to B and pays the remainder and interest on loans at the time of occupancy.

4. Interest from an intermediate payment to be loaned shall be paid by Party A, and the period shall be until the commencement date of designation of occupancy.

Article 2 (Cancellation of Contracts)

1. Where A has committed any of the following acts, A may cancel this contract after peremptory notice has been given, if no performance is made:

2. Where the financial expenses incurred in relation to the remaining and interest late payment system have not been paid within three months from the expiration date of the designation of occupancy.

3.B may rescind this Agreement if it is not possible to move into within three months from the scheduled date of occupancy due to reasons attributable to A.

Article 3 (Penalty) 1.