1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is a cooperative established in accordance with the relevant statutes in order to newly construct a D apartment with a scale of 85 households on the ground of 2,912 square meters of land for a factory in Busan Seo-gu C, Busan (hereinafter the above land is referred to as “instant land” and the above apartment.

B. Although the apartment of this case commenced on August 19, 2003, it was discontinued at the stage of 60% due to the failure of the original city construction and the shortage of funds for the follow-up city construction after the completion of the construction.

C. On July 2007, the Defendant loaned KRW 1,00,000,00 to be used as the construction cost of the apartment of this case from the Busan Credit Union (hereinafter “SIB”), and set up a collateral security of KRW 1,300,000 with respect to the land of this case, and there were multiple preservative measures with respect to the said land.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. Determination on the cause of the claim

A. The Plaintiff’s assertion (1) on January 16, 2010, E entered into a contract with the Defendant for the remaining construction of the instant apartment, and completed construction on the basis that 55 households of the said apartment were paid as a substitute for the construction cost. However, among them, some of the households became unable to perform the Defendant’s obligation to transfer ownership on the wind that ownership is transferred to a third party due to compulsory auction.

(2) Since E died on or around December 2012 (hereinafter “the deceased”), the Defendant is obligated to compensate the Plaintiff for damages equivalent to the market price of each of the above households, who solely inherited the right to claim damages due to nonperformance of the deceased’s performance according to the agreement on the division of inherited property. As such, the Defendant is entitled to compensate the Plaintiff for damages equivalent to the market price of each of the above households, with the partial claim, and the damages for delay.

B. (1) In full view of the written evidence No. 1 and No. 1, No. 2, and No. 3-3, and the purport of the entire pleadings, the deceased and the defendant contracted the remainder of the apartment building of this case to the deceased on January 26, 2010.