1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. D Co., Ltd. (hereinafter “D Co., Ltd.”) refers to public rental housing under Article 2 subparag. 2 of the former Rental Housing Act (amended by Act No. 8966 of Mar. 21, 2008) and Article 2 subparag. 1 of the former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 20849 of Jun. 20, 2008) to E, who was released from the head of Si/Gun on November 2007.

The F apartment housing construction project plan was approved, and the plan was approved on October 13, 2009 by the head of the Gun for the recruitment of occupants of the apartment.

The main contents of the public announcement of the invitation of occupants are as follows:

Time of conversion of conditions for conversion for sale in lots (lease period): Five years from the date of initial designation of occupancy.

(hereinafter omitted) Standards for calculation of pre-sale conversion price: The average price calculated between the construction cost and the appraisal value under the Rental Housing Act.

B. The pre-sale conversion price shall not exceed the amount calculated by deducting depreciation costs during the lease period from the price of the relevant house calculated at the time of conversion for sale in lots based on the building cost of leased housing and housing site cost (hereinafter “calculated price”).

Persons eligible for preferential sale at the time of conversion for sale in lots shall be governed by Article 21 of the Rental Housing Act and Article 22 of the Enforcement Decree of the same Act. April 30, 2010 scheduled date of occupancy (the date of definite occupancy shall be later notified)

B. On October 14, 2009, the non-party company announced the invitation of occupants and recruited occupants from October 19, 2009 to October 21, 2009, but it was impossible to recruit occupants with the priority set forth in the invitation of occupants, and thus, the non-party company was recruited first-come, first-served.

C. On July 23, 2013, in response to the first-come-first-served recruitment, a person who first entered into a lease agreement with the non-party company and the instant apartment C (the exclusive use area of 33.2945 square meters) and was residing therein, and the Plaintiff left out, and the deposit amount of KRW 38 million with respect to the instant apartment C is as to the instant apartment C between the non