1. The portion of the primary claim in the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

1. Facts of recognition;

A. On June 9, 2005, the Plaintiff concluded a sales contract by setting the exclusive use area of 48.32 square meters, the public area of 42.70 square meters, the selling area of 91.02 square meters, the land share of 11.86 square meters, the supply price of 350,181,60 won (including value-added tax) with D, with regard to H of the E and F Ground G (hereinafter “instant commercial building”).

The Plaintiff paid the down payment of KRW 35,018,160 according to the above contract on June 2005.

B. Around June 2005, the K, K, L, M, and N had concluded a sales contract with D with respect to the five units of the instant commercial building (J, K, L, M, and N). Around November 2007, the Plaintiff decided to acquire the sale right of the said nine units of the commercial building (O, P, Q, R, S, T, H, H, U, and V) and entered into a comprehensive transfer contract with the Plaintiff on November 23, 2007.

C. Around the end of November 2007, D entered into a new contract for sale on April 25, 2008, with the Plaintiff for the modification of the design for the entire three floors of the instant commercial building. On April 25, 2008, D entered into a new contract for sale by setting the exclusive area of 18.93 square meters, the public area of 16.80 square meters, the sale area of 35.73 square meters, the sale area of 4.66 square meters, the supply price of 190,80,000 won (including additional tax).

한편, D은 2007. 12. 24. ㈜X과 사이에 이 사건 상가에 관하여 1순위 우선수익자 ㈜Y 일산호수지점, 2순위 우선수익자 위 상가의 시공사인 피고 B로 정하여 부동산처분신탁계약(이하 ‘이 사건 신탁계약’이라 한다)을 체결하였다.

The trust contract of this case acknowledges the validity of the agreement between D and Defendant B on October 25, 2007, and where the execution of the contract is not completed by six months after the trust contract, D will cancel the sales contract at the request of Defendant B and dispose of the relevant goods by public auction. However, if D did not notify cancellation despite Defendant B’s request, Defendant B shall exercise the subrogation right and exercise it by subrogation.