1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 28, 2005, the Plaintiff, C, and D jointly concluded a sales contract with the Defendant on four parcels of land (hereinafter “instant real estate”) as set forth below, with regard to the purchase price of KRW 2,136,690,000 (hereinafter “instant sales contract”).

(1) 224 square meters in Pacific-si (740 square meters in Pacific-si).

B. C acquired D’s rights under the instant sales contract from D on March 30, 2009.

C. A around April 2009 with the consent of the Plaintiff and the Defendant, offered the instant real estate as collateral and borrowed KRW 2.8 billion from the Pakistan Livestock Cooperative under his own name, and paid the unpaid real estate purchase price to the Defendant, but the buyer did not complete the registration of ownership transfer concerning the instant real estate due to the buyer’s reasons.

On July 2, 2009, the Republic of Korea (hereinafter “the instant land”) acquired through consultation from the Defendant 29 square meters out of 1,190 square meters, 297 square meters in F 224 square meters in size, G 1,533 square meters in size, and paid 154,303,250 won to the Defendant on July 22, 2009, after dividing the said land acquired through consultation with the Defendant on July 15, 2009.

E. Meanwhile, as C did not repay the loan, the Pakistan-Yan Livestock Industry Cooperatives applied for a voluntary auction on the remainder of the pertinent real estate, other than the instant expropriated land divided as above, among the instant real estate, and the J purchased it on December 17, 2010 at the voluntary auction procedure conducted accordingly.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 3, 7, 10, and 17 (including paper numbers), and the court's inquiry into the Seoul Regional Land Management Office, the purport of the whole pleadings

2. Determination on this safety defense

A. The Plaintiff was unable to perform its duty to transfer ownership of the instant land upon the instant purchase and sale agreement.