1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is a regional housing association that obtained authorization for establishment pursuant to the Housing Act, and the Defendant is the owner of land and its ground buildings located in Busan Seo-gu C (hereinafter “instant real estate”).

B. On May 17, 2017, the Defendant decided to sell the instant real estate to the Plaintiff for KRW 263,500,000 on the condition that the instant right to move into a new apartment unit by designating the Dongs and lakes of the newly constructed apartment units (hereinafter “the instant right to move into a housing unit”) and issued a written consent for land use necessary for housing projects when concluding a sales contract with the following terms (hereinafter “the instant first sales contract”).

-Deposit: Payment of 10% of the purchase price within 60 days after authorization for the establishment of the housing association - Payment of 90% of the purchase price within six months after the down payment is made.

C. The Defendant sent to the Plaintiff, on August 28, 2017, a content-certified mail stating that the Plaintiff cannot grant the right to move in of the instant case, unlike the Plaintiff’s explanation to the Defendant at the time of entering into the instant first sales contract, and that the Plaintiff would cancel the instant first sales contract by demanding the return of the instant first sales contract and the written consent to land use. The content-certified mail was sent to the Plaintiff around that time.

On June 5, 2018, the Plaintiff remitted the down payment of KRW 2,635,00 to the Defendant under the instant first sales contract.

E. After that, on November 25, 2019, the Defendant decided to sell the instant real estate in KRW 460 million to the Plaintiff, and concluded a sales contract with the following terms and conditions (hereinafter “instant secondary sales contract”).

- Contract deposit: 46 million won - The remainder of November 25, 2019: 414 million won : (f) November 26, 2019. The Plaintiff paid the purchase price in full pursuant to the instant secondary sales contract and paid 26.35 million won according to the instant primary sales contract. As such, the Plaintiff paid additional 19.65 million won to the said amount and paid the down payment pursuant to the instant secondary sales contract.