1. The plaintiff's claim of this case is dismissed.

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

Basic Facts

On January 21, 2009, the non-party Posa Construction Development Co., Ltd. (hereinafter “Posa Construction Development”) obtained the approval of the project plan for the construction of apartment buildings (hereinafter “the project plan of this case”) from the Gwangju Metropolitan City Mayor on the lots outside 1357 and 47, Masan-dong, Busan Metropolitan City (hereinafter “instant project site”).

On December 24, 2010, fora construction development, the defendant is selected as a contractor to newly build an apartment in the instant project site. On December 24, 2010, the real estate security trust agreement with the defendant as priority beneficiary with respect to the instant project site is concluded, and the registration of the transfer of ownership in the name of the living real estate trust based on the trust is completed.

On March 28, 2012, the New Real Estate Trust, the Multilateral Development Co., Ltd. (hereinafter “Dawon Development”), and the Defendant concluded a sales contract on the instant project site (hereinafter “instant sales contract”), and the content of the instant contract are as follows.

Since the seller's life real estate trust and the buyer's multi-unit development, the contractor and the defendant of the first beneficiary concluded a sales contract in accordance with the following provisions, this contract shall be prepared as evidence:

Article 1 (Sale Objects) The objects of this contract shall be as follows, and the size thereof shall be based on the area entered in the public register:

1. Subject area: The area of Gwangju Mine-dong, 1357, and 47 pieces of land;

2. Area of an object: 45,714 square meters (13,828 square meters);

3. All rights regarding business rights and building permits approved as a housing construction project plan of the land and the market for this construction project ( January 21, 2009). Article 2 (Sale Price and Time)

1. The purchase price shall be twenty-five thousand won,00,000 won;

Article 5 (Liability for Conditions, etc. for Implementation of Project Approval)

1. The requirements for the implementation of the project approval pursuant to the approval of the housing construction project plan approved on the subject-matter of this case ( January 21, 2009) are the responsibility for multi-source development.