1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 3, 2008, the Plaintiff and the Plaintiff’s spouse B (hereinafter collectively referred to as “the Plaintiff’s side”) entered into a sales contract with the Defendant on July 3, 2008, in which the Plaintiff and the Plaintiff’s spouse would sell at KRW 88,6890,00 of the parcelling-out price (hereinafter “instant contract”).

Plaintiff

At the time of the conclusion of the instant contract, the Plaintiff paid the down payment and the first and second intermediate payments, and the Defendant agreed to the part payments for the third to fifth intermediate payments as the intermediate payment amount to the Plaintiff’s side.

B. On July 3, 2008, the Plaintiff paid to the Defendant the sum of KRW 197,08,54,000,000 for the intermediate payment of KRW 88,54,00 on July 7, 2008, and KRW 197,08,00 for the first intermediate payment of KRW 98,54,00 on August 28, 2008.

C. On October 4, 2010, the Defendant completed the registration of ownership preservation on the instant real estate, and on December 3, 2010, the Defendant completed the registration of ownership transfer based on the trust in relation to the Young-si E, F, and Cable apartment (hereinafter “clucco trust”) to secure the Defendant’s obligations to the Korea Development Bank and Busan Bank.

Plaintiff

On September 30, 2009, the plaintiff filed a claim against the defendant for the cancellation or cancellation of the contract of this case against the other buyers of the D apartment in the Suwon-si District, and the return of KRW 98,54,00 (=197,08,000 x 1/2) of the purchase price of this case was dismissed by the Seoul Central District Court Decision 2009Gahap112256, but the plaintiff filed a claim for the cancellation or cancellation of the contract of this case. The plaintiff's appeal was dismissed on the following grounds: Seoul High Court Decision 2010Na108700, but the plaintiff's appeal was dismissed for this reason:

(hereinafter referred to as “the prior suit of this case”). (3) The plaintiffs, for whom a provisional injunction against disposal of real estate has been filed, have been registered in a household that acquired the ownership of this case, on the grounds that a compulsory auction application or a provisional injunction against disposal has been filed.