1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 9, 2007, D entered into a sales contract with the Defendant to purchase KRW 4,963 square meters of land E for factory (hereinafter “instant land”) from the Defendant to purchase KRW 5,000,000,000 in price for the instant land at interested parties with a factory building on the ground.

(hereinafter “instant sales contract”). The main contents of the sales contract are as follows:

(1) The main contents of a sales contract: 5 billion won.

Won. The remainder of KRW 4.83 billion shall be paid on October 30, 2008 at the time of the contract in the amount of KRW 250 million.

(1) Article 1. (2) The Defendant received the balance of the purchase price from D and, at the same time, deliver all documents necessary for the registration of transfer of ownership to D and cooperate with the registration of transfer, and deliver the instant land on October 30, 2008.

(3) Before D pays the remainder to the Defendant, the Defendant shall compensate for the amount equal to the down payment, and D may waive the down payment and rescind the contract.

(4) The defendant shall complete all of the industrial garbage and general garbage by not later than the balance.

When the defendant ordering the land of this case, he shall destroy the building and move it into the site.

(Provided, That expenses for removal of buildings shall be borne by D) (Article 4, Section 5 of the Special Agreement).

D on November 9, 2007, the Defendant paid the down payment of KRW 250 million to the Defendant, and did not pay any balance thereafter or provide performance thereof.

C. On November 13, 2008 and November 27, 2008, D sent to the Defendant a certificate of content that the instant sales contract was rescinded on the ground that the Defendant removed the factory building until October 30, 2008 and did not perform the obligation to deliver the instant land as a site due to industrial garbage, etc., and that each of the above contents certification reached the Defendant around that time.

The Plaintiff succeeded to the status of the purchaser of the instant sales contract with the consent of the Defendant around March 2011.

[Ground of recognition] Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 3 and 5, witness F's testimony, the purport of the whole pleadings

2. Determination

(a) the cause of the claim 1.