1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 11, 2007, the Defendant, as the implementer of the Suwon-si, Suwon-dong, Lee Dong-dong, the source-dong, and the Gwangjin-dong Housing Site Development Project (hereinafter “instant project”), published a public announcement of supply of the land for the Ga6 block (hereinafter “instant land”), among the land to be supplied, for the purpose of supply, the rental housing is for the area exceeding 85 square meters, the area for exclusive use, the area exceeding 60,176 square meters, the floor area ratio is 120 square meters, the number of households is 485 square meters (exclusive use area exceeds 85 square meters), the supply amount is for 167,289,280,000 won, and the timing of land use is for the land use.

B. The Plaintiff participated in the bid of the instant land and was selected as a successful bidder. Accordingly, on October 30, 2007, the Plaintiff purchased the instant land from the Defendant for KRW 167,289,280,2828,928,000, but the down payment of KRW 16,728,928,00 on October 30, 2007; and the first intermediate payment of KRW 50,186,784,000 on December 20, 2007; the second intermediate payment of KRW 25,093,392,00 on June 20, 2008; and the third intermediate payment of KRW 25,093,392,00 on June 20, 2008; the remainder payment of KRW 50,186,784,000 on December 20, 200 (hereinafter referred to as “the instant contract”).

On the same day, the Plaintiff paid 16,728,928,000 won to the Defendant.

Article 4 (Area Adjustment) (1) Where there is an increase or decrease in the area as a result of confirmation surveys as a site concluded with a provisionally divided area before completion of formation works, the increase or decrease shall be calculated based on the unit price of supply by lot as at the time of conclusion of

Article 9 (Cancellation of Contract) (1) In a case falling under any of the following subparagraphs, the defendant may rescind this contract:

2. (A) When the Plaintiff uses the land for another purpose without using it for the designated purpose prior to the transfer of ownership under subparagraph 6. (2) The Plaintiff may cancel this contract when it falls under any of the following:

3...