1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On April 25, 201, C Co., Ltd. (the de facto operator; hereinafter “C”) entered into a sales contract for purchasing KRW 860,000,000 (hereinafter “instant sales contract”) the instant building and its site, which are the instant building owned by light investment development from light investment companies (hereinafter “ light investment development”), and the Seo-gu Daejeon Special Metropolitan City D 520,000 square meters (hereinafter “instant building and its site”).

B. C received the instant real estate from light investment development on the day of entering into the instant sales contract according to the instant sales contract. On May 12, 201, the Daejeon District Court received the instant real estate from light investment development on May 12, 201, and completed the provisional registration for preserving the right to claim for ownership transfer registration based on the purchase and sale reservation (hereinafter “provisional registration of this case”).

Since then C started remodeling Works on the instant building.

C. On May 201, 201, Gyeongman Investment Development requested Da to cancel the instant sales contract on the condition that it would purchase the instant real estate under a better condition than C, and C and Gyeongman Investment Development agreed to pay KRW 520,000,000 for the construction cost of the instant building at around May 27, 201 when cancelling the instant sales contract on or around May 27, 201.

However, upon the rescission of a new sales contract with E, light investment development refused to pay the said construction cost, and filed a claim against C for the delivery of the first floor of the instant building and the cancellation registration procedure of the instant provisional registration due to the restoration to original state following the cancellation of the instant sales contract (Counterclaim) by Daejeon District Court 201Da7325, 11461, and 14729 (Counterclaim). C filed a claim against light investment development for the payment of KRW 400,00,000 out of the said remodeling construction cost (hereinafter “the instant construction cost”). The said court filed a claim against light investment development for the payment of the said remodeling construction cost on October 25, 2012.