1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Asian Art Investment Development Co., Ltd. (hereinafter “Amerpt”) is an executor who constructed an apartment building in Jung-gu Incheon Metropolitan City (hereinafter “the instant apartment building”), and Hanyang is the contractor of the said apartment building. The Defendant is a trustee entrusted with the management and disposal of the said apartment building in accordance with the trust contract with the Asian Art and Hanyang-gu Co., Ltd. on September 25, 2009.

B. On February 2, 2010, A entered into the instant sales contract with the Defendant for sales in lots (hereinafter “instant sales contract”). The main contents of the sales contract related to the instant case are as follows.

(2) Of the terms of a contract, “A” and “B” refer to “A” and “B”, a buyer. Article 1 (Supply Price and Payment Method) ① Total supply price of KRW 233,300,000; ② The sale price of KRW 233,300,000 shall be paid as follows:

Down payment: The remainder of KRW 23,30,000 in the intermediate payment of KRW 10,000,000 each on April 9, 2010 or on May 10, 2012: The remainder of KRW 23,330,000 each on April 6, 2010 or on May 10, 2012: Article 2 (Cancellation of Contract) (1) “A” may cancel this contract where “B” commits any of the following acts after peremptory notice:

2. When the balance is not paid within 3 months from the agreed date. (4) When there is a change in the address, “B” must notify “A” in writing within 10 days.

In the event of failure to comply with the foregoing, the notice of cancellation of the contract to “A” shall be sent to the previous domicile and shall be presumed to take effect upon the lapse of 15 days after the dispatch thereof. The disadvantage to “B” shall not be held liable.

In addition, if the address in the contract is inaccurate, the same shall apply.

Article 3 (Penalty) (1) Articles 2 (1) 1 through 3 and 2 (2).