1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. Re-security oil Co., Ltd. (hereinafter “re-security oil”) is the executor of the business (hereinafter “instant business”) that newly constructs and sells Ctash on the land outside B and five parcels of land in Yancheon-si, and the Plaintiff is a contractor awarded a contract for the construction of the instant building on March 28, 2003.

B. On March 5, 2004, D entered into a contract with 1045 square meters on the first floor of the instant building (14.26 square meters of supplied area, 1.24 square meters of site area) to sell KRW 123,896,000 of supplied amount (hereinafter “instant sales contract”). On April 30, 2005, D transferred the status of the buyer under the instant sales contract from D to D. The Defendant acquired the status of the buyer under the instant sales contract.

(hereinafter hereinafter and the Defendant together referred to as “Defendant”. According to the instant sales contract, the Defendant paid 24,779,000 won as down payment at the time of the contract, the intermediate payment is KRW 12,390,000 each five times, and the remainder is KRW 37,169,000 each on the date of designating the occupant.

The main contents of the instant sales contract are as follows.

Article 1 (Supply Price and Payment Method) The re-security property shall be supplied by the defendant according to the following methods, and the defendant shall pay the corresponding amount to the re-security property:

5. The date of payment of remainder shall be the date of designation of shop occupants notified in writing separately.

Article 3 (Transfer of Ownership)

1. The defendant shall pay the sale price, late payment, management fee, advance payment, etc. in full, and apply for delivery of documents for transfer of ownership to re-security oil within one month from the date the public book for re-security is completed, and shall complete transfer of ownership at the defendant's expense within 60 days from the date the application for transfer of ownership is possible.

Article 8 (Entry Points and Business)

2. To notify the Defendant of the designation of the occupant by mail not later than 30 days before the date of the designation of the occupant.

Article 15 (Termination of Contract)

1. Re-security deposit shall be made without due process, such as peremptory notice, in cases falling under any of the following subparagraphs: