1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 18, 2007, the Plaintiff: (a) purchased the instant real estate owned by the Defendant and the Defendant in the purchase price of KRW 846,90,000; and (b) concluded a contract deposit of KRW 90,000,00 in the remainder of KRW 774,90,000 at the time of the contract; and (c) concluded a contract to pay the remainder of KRW 774,90,000 on July 31, 2008 (hereinafter “instant contract”); and (d) the said contract includes that “the remaining amount of KRW 774,90,000 shall be paid by mutual consent with the buyer at the request of the seller at the time of termination of the provisional attachment by the seller.”

B. At the time of the sales contract of this case, the provisional attachment registration of KRW 200,00,000 by the Credit Guarantee Fund, ② the provisional attachment registration of KRW 1,000,000 by the Korea Technology Credit Guarantee Fund, ③ the attachment registration by the Busan Metropolitan City Seopo-gu, ④ the provisional attachment registration of KRW 1,00,000,000 was completed, respectively.

C. On October 18, 2007, the Plaintiff paid KRW 90,000,000 to the Defendant on October 18, 2007 according to the instant sales contract, and KRW 270,000,000 for the intermediate payment from October 25, 2007 to December 17, 2007.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the remainder of 504,90,000 won from the plaintiff as requested by the plaintiff, and at the same time to the plaintiff with respect to the "real estate of this case" on October 18, 2007, as requested by the plaintiff, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The Defendant asserted for the cancellation of the instant sales contract following the Plaintiff’s delay in performance has completed the preparation for cancellation of each provisional seizure registration of the instant real estate, and sought the Plaintiff’s remainder payment. Despite the remaining payment demand for several times, the Plaintiff is insufficient to pay the purchase price.