1. The plaintiff's claim is dismissed.

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

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence Nos. 1, 6, 13, 17, 27, and 29 (including serial numbers; hereinafter the same shall apply) and the whole purport of the pleadings:

On November 20, 2006, in order to carry out the construction project of the main complex building in Seodaemun-gu Seoul Special Metropolitan City (hereinafter “instant project”), the Plaintiff, on November 20, 2006, decided to purchase the total purchase price of 35.9 billion won, Seodaemun-gu Seoul and four lots (hereinafter “instant project site”) owned by the Defendant located within the land transaction permission zone between the Defendant and the Defendant, and the down payment of 1 billion won on the date of the contract, and the remainder of 34.9 billion won is to be paid on December 26, 2006 (hereinafter “instant contract”). However, on November 20, 2006, the Plaintiff paid the said down payment amount of 1 billion won (hereinafter “instant down payment”) to the Defendant on the date of the contract, but failed to pay the remainder by the date of the remainder payment.

B. On March 2, 2007, the Plaintiff transferred to Nonparty D one billion won the Plaintiff’s claim for the return of the down payment of this case against the Defendant, and notified the Defendant of the assignment of the said claim on November 28, 2007 with a content certification, and the said notification reached the Defendant around that time.

C. On March 14, 2007, the agreement under the name of the original defendant was made, and the main contents are as follows.

In principle, since the purchaser of the agreement fails to pay any balance on the date of the payment of the balance, it is reasonable to invalidate the agreement as a matter of course. However, in order to facilitate the project, the agreement is concluded as follows, and if it is not performed in accordance with the agreement, the purchaser of the land shall waive all respects and not demand the return of the down payment paid to the seller, and not only shall he give up all the 366,000,000 won paid for the purchase price of the land in the E-Urban Improvement Zone.

In addition, the amount invested to carry out the Project.