1. The plaintiff's claim is dismissed.

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

1. The following facts of recognition do not conflict between the parties, or are recognized by comprehensively considering the overall purport of the pleadings as follows: Gap evidence Nos. 1, 2, 3, 5, Eul evidence No. 1, and Eul evidence No. 3-1:

A. A. Around November 7, 2007, B entered into a sales contract with the Defendant to purchase the D Apartment 101, 201-dong 201 (hereinafter “instant real estate”) located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant real estate”) KRW 480,000,000 as down payment, intermediate payment of KRW 240,000,000,000, and the balance of KRW 480,000,000,000 (hereinafter “instant sales contract”).

B. Around March 2008, B entered into a contract with ten savings banks including the Plaintiff (hereinafter “Plaintiff, etc.”) under which B transferred the right to claim the purchase price, the right to claim the return of the purchase price, and the right to claim the return of the damage from the Defendant to the Plaintiff, etc. (hereinafter “instant claim transfer contract”). Around September 17, 2008, B notified the Defendant of the assignment of the claim.

C. B paid KRW 560 million to the Defendant under the instant sales contract for down payment and partial intermediate payment, but the remainder of intermediate payment and remainder payment were not paid. Around October 28, 2008, a written agreement (hereinafter “instant agreement”) entered into with the Defendant with the following content.

The Defendant and B agree on the implementation of the instant sales contract as follows.

1. B paid KRW 560 million to the Defendant upon the execution of the instant sales contract, and declared that the instant sales contract cannot be executed because the Defendant received a peremptory notice of performance on October 21, 2008, but could not prepare for the remainder of sales.

2. B confirms that the instant sales contract cannot be executed due to its own fault, and decides to cancel the instant sales contract, and to waive the amount already paid to the Defendant as damages for breach of contract.