1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C purchased a building with a size of 1,304 square meters in Seongbuk-gu Seoul Metropolitan Government and its ground (hereinafter referred to as “instant land”) from the Association of D Religious Organizations E branch (hereinafter referred to as the “E branch”) on August 10, 2005 for KRW 5.5 billion in the price, and paid the down payment of KRW 330 million in the E branch, and did not pay the intermediate payment.

B. On September 26, 2005, the Ed Religious Organization G School (hereinafter “G School”) sold the instant land, etc. in sequence to the Plaintiff on October 26, 2005, and accordingly, the registration of ownership transfer in the name of the G School Association and the registration of ownership transfer in the name of the Plaintiff was completed.

Edemblings, Gintersings, and the Plaintiff agreed to pay the purchase price directly to Edemings.

C. On June 13, 2008, C filed a lawsuit against the Plaintiff and Eanc Association, etc. with Suwon District Court 2008Gahap6157, and filed a claim with the Eanc Association, primarily, for the implementation of the procedure for the ownership transfer registration of the instant land C, for the return of the down payment of KRW 330 million in advance, and for the compensation for delay equivalent to the penalty, the total sum of KRW 330 million in advance, 660 million in compensation, and for delay damages. The Plaintiff primarily filed a claim with the Eanc Association for the implementation of the procedure for the registration of ownership transfer registration completed in the name of the Plaintiff, and for the performance of the procedure for the registration of ownership transfer registration completed in the name of the Plaintiff, as the down payment and the claim for penalty for the Eanc Association as the preserved claim, in subrogation of the Eanc Association, the Plaintiff claimed for the payment of the down payment of KRW 60 million in advance to the Eanc Association and the delay damages for delay.

In the above case, the Court paid C the down payment of KRW 330 million and damages for delay from September 27, 2005 for the restoration to the original state following the cancellation of the sales contract for the instant land, etc., and the Plaintiff paid to Edemb and C the said money, whichever is KRW 30 million out of the said money.