1. The plaintiff's claim is dismissed.

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

1. Basic facts

가. 주식회사 씨티웍스 피에프브이(이하 ‘씨티웍스 피에프브이’라 한다)는 서울 종로구 B 외 95필지 지상에 주상복합아파트 신축 및 분양사업(이하 ‘이 사건 사업’이라 한다)을 시행하기 위하여 피고와 2006. 1. 26. 피고 소유의 서울 종로구 C 토지 및 그 지상 건물(이하 ‘이 사건 부동산’이라 한다)에 관하여 매매대금을 88억 8,956만 원으로 하는 내용의 매매계약(이하 ‘이 사건 매매계약’이라 한다)을 체결하고, 2006. 1. 27. 피고에게 계약금 888,956,000원을 지급하였다.

B. The main contents of the instant sales contract are as follows.

2. The terms and conditions of the contract include (i) the amount equivalent to 150% of the share transfer and intermediate payment (30%) on May 30, 2006 at the same time as the share transfer and intermediate payment (30%) on May 30, 2006; and (ii) the amount equivalent to 150% of the share of 60% at the same time as the share transfer and intermediate payment (30%) on May 30, 2006; and (ii) the transfer of ownership and the creation of collateral security are concurrently set up by a certified judicial scrivener designated by a seller.

The buyer of the contract under Article 5 shall not divulge the contents of the real estate sales contract to the seller until the buyer pays the down payment, and when the seller sells the contract, he/she may refund a double of the down payment, and when the buyer sells the contract, he/she may waive the down payment and terminate this contract.

Article 6 If a default on obligations and a seller or buyer fails to fulfill the terms and conditions of this Agreement, the other party may terminate the contract by giving written peremptory notice to the person who has defaulted and the other party may terminate the contract.

In addition, damages following termination of contract may be claimed to the other party respectively, and the down payment shall be based on the compensation for damages, unless otherwise agreed.

A special agreement: A seller shall not be required to bear additional expenses, such as increase of the purchase price, compensation for building expenses, etc. after the contract.

(c).