The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

On April 2, 2005, B entered into a real estate management trust agreement with Korea on April 2, 2005, with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”), the truster B and the beneficiary entered into a real estate management trust agreement with the beneficiary, and on April 11, 2005, the Korea Land Trust completed the registration of ownership transfer based on the instant trust agreement.

On January 16, 2007, Korea Land Trust Co., Ltd. concluded a contract to sell the instant real estate at KRW 10,230,000,000 with the consent of the Defendant, a beneficiary (hereinafter “the instant first sale contract”), and C agreed to pay the Defendant the down payment of KRW 1,023,00,000 on the date of the contract, the remainder amount of KRW 9,207,00,000 until March 6, 2007.

C paid 1,023,00,000 won as down payment to the Defendant on the date of conclusion of the first sale contract of this case, and thereafter paid 225,00,000 won as part of the remainder.

C did not pay any balance by March 6, 2007, and the Defendant, upon C’s request, delayed the payment date on March 7, 2007 as of April 6, 2007.

However, C did not pay any balance until the above payment date. Upon C’s request, the Defendant had extended the remainder payment date again on May 10, 2007 on June 30, 2007. However, C did not pay any balance by the above payment date.

On September 18, 2007, Korea Land Trust confirmed that the first sale contract of this case was terminated by C’s nonperformance of contract with C, while concluding a new sale contract to sell the instant real estate in KRW 10,230,000 (hereinafter “the second sale contract of this case”) with C, and the down payment is KRW 1,248,00,000 which was already received pursuant to the first sale contract of this case, and C agreed to pay the remainder amount of KRW 8,982,00,000 to the Defendant by September 21, 2007.