1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 26, 2007, the Defendant concluded a real estate sales contract to purchase a total of 32,395 square meters of land (hereinafter “instant real estate”) from D with a total of 31 square meters of land (hereinafter “instant real estate”) for KRW 2 billion from D.

B. On December 26, 2007, the Defendant purchased at KRW 1.3 billion by specifying the subject matter of sale from the Plaintiff as superficies (a steel structure building and area of steel structure including a building without permission within E) on the ground of the instant real estate at KRW 1.3 billion.

A contract for the sale and purchase of superficies includes that the Defendant’s payment of KRW 100 million to the Plaintiff on December 26, 2007, the first intermediate payment of KRW 300 million on April 5, 2008, and the second intermediate payment of KRW 300 million on December 31, 2008, and the remainder of KRW 600 million on December 30, 201.

C. The Defendant changed the sales contract to jointly purchase the instant real estate with F on April 4, 2008, as the purchase fund related to the instant real estate was insufficient.

On April 16, 2008, the Defendant and F completed the registration of ownership transfer with respect to the instant real estate on a one-half share basis, and paid D the purchase price of the instant real estate with the money loaned by the obligor, respectively, as security.

Since then, voluntary auction was conducted with respect to F share of the instant real estate, and the Defendant was awarded a successful bid on December 8, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, 2, and 5 (including branch numbers, hereinafter the same), the purport of the whole pleadings

2. The parties' assertion

A. The party to the contract for the sale of superficies 1 is the Plaintiff and the Defendant.

On April 20, 2012, the Plaintiff settled the sales amount paid by the Defendant to the extent of KRW 1 billion, and settled the balance to be paid by the Defendant to the Plaintiff as KRW 300 million.

Therefore, the defendant shall pay to the plaintiff the balance of KRW 300 million as stipulated in the contract for the sale of superficies and damages for delay after the remainder payment date.