1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 21, 2011, the Plaintiff entered into a collective purchase agency contract with the Defendant with regard to the unsold households (including apartment 89 households, officetels 82 households) among the "Saeail House", a main complex building on the ground of 830-296, Busan East-gu, Busan, as follows:

(A) The Defendant, the contractor of the above building (hereinafter “instant contract”), has the authority to dispose of the unsold household units in lieu of exercising the time, and the Plaintiff, the seller of the sale agency, is aware of it and entered into the instant contract by October 25, 201. (2) The Plaintiff shall pay 2.5 billion won as the deposit to the Defendant by October 25, 201.

3) There has been a registration of provisional disposition prohibiting the disposal of unsold housing units. The Plaintiff shall, within 25 days from the date of cancellation of the registration of provisional disposition, deposit the sales amount of KRW 50.24,4420,00 (the amount applying the discount rate of 31% to the initial sale price) into the account of the land trust company with respect to the sale price of KRW 50.24,4420,00 (the remaining household upon the expiration of the above period shall be purchased by the Plaintiff) within 25 days from the date of cancellation of the registration of provisional disposition.

The defendant does not pay a separate sales agency fee to the plaintiff.

5) In the event that the Defendant cancels the instant contract due to the Plaintiff’s nonperformance, the Defendant acquired the deposit received as a penalty and did not refund it, and the Plaintiff does not raise any objection thereto (Article 7(1)6). In the event that the other party suffered any loss due to the Plaintiff’s nonperformance of obligation, the Plaintiff may claim compensation for such loss separately from the deposit.

(Article VII, Section 3). (b)

On December 22, 2011, the Plaintiff drafted to the Defendant a letter of undertaking (Evidence A 2, hereinafter “instant letter”) with the following content.

The Plaintiff entered into the instant contract with the Defendant and decided to pay in full the sales price of 171 households unsold in lots by November 25, 201.