1. The plaintiff's claim is dismissed.

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

1. On September 28, 2007, the Plaintiff entered into a sales contract for the right to sell the above commercial building (hereinafter “instant contract”) with the Defendant, who is the number of buyers of the 105th floor 1, Mapo-gu, Seoul Metropolitan Government 3 commercial building (referring to the number at the time, and 101 after remodeling; hereinafter “the instant commercial building”) and paid the full purchase price by October 31, 2007, and confirmed that the Plaintiff was the Multi Real Estate Trust Co., Ltd. (hereinafter “Daol Real Estate Trust”), which is the fund management trust company of the instant commercial building (hereinafter “Daol Real Estate Trust”), and the Defendant did not pay the down payment amount of KRW 40 million under the contract for the supply of the commercial building and received the answer that the Plaintiff was not the seller, which means that there is no subject of sales contract. The Plaintiff’s delivery of a duplicate of the complaint of this case, and thus, the Defendant asserts that the Plaintiff is liable for restitution to its original state and delay damages paid to the Plaintiff.

2. In full view of the fact-finding results of the fact-finding on the company Gap's 1 through 6 (including paper numbers), and the remaining phenomenon of the commercial building as a result of the fact-finding on the company and one asset trust, the following circumstances acknowledged by the entire purport of the pleadings are revealed as follows: (i) the remaining phenomenon of the commercial building of this case was deposited directly by the defendant as a fund management trust company at the time, and the defendant was recognized as a normal seller, and (ii) the one asset trust as another trust company has been managed by changing the seller from October 30, 2007 to the plaintiff from October 30, 2007 to the end of the trust contract, and (iii) the commercial building supply contract is paid.