1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant decided to newly construct an aggregate building with the name “D” (hereinafter “instant housing”) on the land outside Chang-si, Changwon-si, and concluded a real estate security trust agreement with the K non-real estate trust company (hereinafter “K non-trust”) on June 4, 2007, and Daedong General Construction Co., Ltd. decided to construct the said housing.

B. After completion of the instant house, approval for use on October 25, 2010 was obtained, and on the other hand, on January 5, 2010, registration of preservation of ownership in the name of the defendant was completed upon entrustment of registration of provisional disposition with respect to the real estate stated in the separate sheet among the instant housing (hereinafter “instant real estate”).

C. On June 30, 201, the Defendant completed the registration of ownership transfer for the instant real estate to E and F on August 27, 2008.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 4, Eul evidence 3 and 5, the purport of the whole pleadings

2. Determination on the claim for damages due to impossibility of performance

A. The Plaintiff’s assertion 1) The summary of the Plaintiff’s assertion entered into a supply contract with the Defendant on August 7, 2008 under which the Plaintiff would sell the instant real estate in KRW 1,160,380,000 (hereinafter “instant sales contract”).

A) Accordingly, the Defendant paid down payment and intermediate payment. However, the Defendant, after double selling the instant real estate to E, etc., completed the ownership transfer registration. Accordingly, the Defendant’s obligation to transfer ownership to the Plaintiff was in an impossible condition. Therefore, the Defendant, as compensation for nonperformance, must pay KRW 300 million to the Plaintiff as part of the down payment, etc. paid by the Plaintiff. (2) The Defendant’s summary of the Defendant’s assertion merely borrowed the name of the buyer from the Plaintiff and prepared the sales contract in the form of form.