1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Unaccompanied Comprehensive Engineering Co., Ltd. (hereinafter referred to as the “Unaccompanied”) newly constructed and sold C apartment (hereinafter referred to as the “instant apartment”) which is a multi-family housing of 3,000 households on the land of 169,840 square meters on the land outside Busan Nam-gu and 34 lots. The Plaintiff is a contractor who received a contract for the construction of the instant apartment from unaccompanied.

B. On December 4, 2004, the Defendant entered into a sales contract with 432,400,000 won for the instant apartment Nos. 108,305 (hereinafter “instant sales contract”) between the Plaintiff and the Defendant on December 4, 2004 (hereinafter “instant sales contract”). The Defendant entered into a supply contract with 27,937,00 won for options, such as balcony, with respect to the apartment purchased additionally by the Defendant.

(hereinafter “instant options contract”). C.

At the time of the instant sales contract, the Defendant: (a) paid the down payment in installments in the first down payment with approximately 5% of the sales price and the second down payment with 10% or 15% of the sales price; (b) the intermediate payment shall be paid in installments in 60% or 65%, and (c) the remainder was agreed to be paid in installments at the time of occupancy; and (d) the main contents of the instant sales contract and the instant options contract are as follows.

[this case's sales contract] The implementer's free delivery refers to "A", and the purchaser "B" refers to the purchaser "B," and the apartment supply contract between Gap and Eul is concluded as follows.

Article 1 (Supply Prices and Payment Methods)

3. The total sum of 50% of the total sales amount, including 10% of the down payment for the second and fourth intermediate payments, and 10% of the total sales amount, is the interest payment system in which A mediates loans to B and pays the remainder and interest on loans at the time of occupancy.

4. Interest from an intermediate payment to be loaned shall be paid by Party A, and the period shall be until the commencement date of designation of occupancy;

Article 2 (Cancellation of Contracts)

1. Where A has committed any of the following acts, A may cancel this contract after peremptory notice has been given, if no performance is made:

2..