1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 22, 2014, the Defendant sold 1/10 shares (hereinafter “instant shares”) of the real estate listed in the separate sheet (hereinafter “instant real estate”) during the voluntary auction procedure at Suwon District Court B, and paid the proceeds therefrom.

B. On March 27, 2015, the Plaintiff agreed to purchase the sales price of the instant shares with the Defendant as KRW 83,000,000,000, and concluded a sales contract to pay the remainder KRW 73,000,000 on the date of the contract, and the remainder KRW 73,000,000 on the date of the contract.

(hereinafter “instant sales contract”). C.

The Plaintiff fully pays the purchase price to the Defendant pursuant to the instant sales contract, and completed the registration of ownership transfer with respect to the instant shares on April 14, 2015.

[Grounds for recognition] The items of evidence Nos. 1 and 2 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant, a seller, has an obligation to restrict the exercise of ownership, such as the mortgage, superficies, and right of lease established on the instant real estate under the instant sales contract, or to transfer the full ownership by removing the defect and burden of the rights, if there is any unpaid amount of taxes, public imposts, and other charges, until the balance is received, to the Plaintiff, who is the buyer. (2) However, Hyundai Construction Co., Ltd. (hereinafter “Modern Construction”) exercised a right of retention for the right to avoid any defect in the right to compensate for the construction cost of the instant real estate. Although the Defendant had resolved the right of retention of the instant real estate, the Defendant failed to perform the obligation to deliver the Plaintiff the right to the Plaintiff without any defect in the right as a result of the failure to resolve the lien until now. Accordingly, the Plaintiff cancelled the instant sales contract on the grounds of delay or actual refusal of performance by the Defendant, and sought the return

3. In addition, the defendant raises an objection to modern construction.