1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. Basic facts

A. (1) On April 6, 2018, the Plaintiff entered into a sales contract with Nonparty E, F, G, and the attached list (hereinafter “instant real estate”) on eight parcels (H, I, J, K, L, M, N, andO) (hereinafter “instant sales contract”). On August 21, 2018, the Plaintiff obtained permission for development activities regarding five parcels (H, I, J, J, K, K, and L), out of the subject matter of the said sale.

2) On January 29, 2019, the Plaintiff paid the remainder of the sales price to E, F, and G, and issued a certificate of personal seal impression for real estate sales from the said seller, but at that time, did not complete the registration of transfer of ownership of the instant real estate.

B. On February 21, 2019, the Defendant’s establishment of a right to collateral security (1) and Nonparty C, P, and Q entered into a contract for the creation of a factory site between the Plaintiff and the Defendant (hereinafter “instant contract”). The key contents of the said contract are as follows.

공장 부지 조성계약서 공 사 명 R 부지 조성사업 � 사현장 화성시 N, S 하도급 자는 공사 착공비용( 보증 금) 5억 원을 원도 급자에게 선지급한다.

Provided, That the person of the original Do shall pay necessary expenses at the time of making a payment at the commencement.

Special agreement: - The defendant's input of the costs incurred in the site creation work shall be made first and the cost shall be settled later.

Provided, That the incidental civil works shall be handled after a separate contract.

- By-products generated during the construction (raw stone and matos) shall be co-owned.

At the time of the conclusion of the instant contract, the Plaintiff was issued a delegation under the name of the Plaintiff on February 8, 2019 and a certificate of the Plaintiff’s corporate seal impression as of February 12, 2019, with the content that “the Plaintiff shall delegate all management authority over the entire rights relationship (sale, provisional disposition, lease, etc.) with respect to nine parcels of the subject matter of the instant sales contract to P and Q.” and the Plaintiff’s certificate of the Plaintiff’s corporate seal impression as of February 12, 2019.

3) The instant real estate.