1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Korea National Housing Corporation (hereinafter “Korea National Housing Corporation”) implemented the housing site development project for the Handong-dong in Gwangju-si in 1987, decided to grant the merchants who have been engaged in commerce in this area the eligibility to preferentially move into the commercial building to be newly built on the land of 38 large 3,967 square meters in Yan-dong (hereinafter “instant land”) in Gwangju-si as part of the relocation measures. The said 290 merchants had the right to move into the commercial building for the purpose of building a commercial building on the land of this case and moving into the commercial building on the land of this case around 1988.

B. On April 200, the Plaintiff newly constructed a commercial building (hereinafter “instant building”) on the instant land under the name of the owner of the EL Forest Co., Ltd. (hereinafter “EL Forest”). Around that time, the Plaintiff completed the registration of ownership preservation of the instant commercial building under the name of EL Forest in the name of the owner of the building.

C. However, as the Hanjin Industries failed to pay the construction cost to the Hanjin Heavy Industries Co., Ltd., Ltd., the contractor of the instant commercial building (hereinafter “ Hanjin Heavy Industries”), the Hanjin Heavy Industries filed a request for auction of the instant commercial building on April 25, 2002, and decided to sell the instant commercial building on April 12, 2003 (hereinafter “the instant basic agreement”). On April 12, 2003, the Plaintiff and Hanjin made an agreement with the Defendant (hereinafter “Defendant”) on the following (hereinafter “the instant basic agreement”).

[Basic Agreement] Seller

1. ELel forests;

2. The plaintiff;

3. An interested person in the general sale of a joint building (hereinafter referred to as "general seller");

1. The Hanjin Heavy Industries (hereinafter referred to as the " Hanjin Heavy Industries");

2. Coke Trust Co., Ltd. (hereinafter referred to as “Coke trust”);

3. A person who is proceeding or brought a lawsuit against Han Jin and Komart among the union members (hereinafter “litigant”) on January 1, 200 before the buyer.