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

A. On October 12, 2006, a new street cooperative entered into a contract with D 869.2 square meters (hereinafter “instant land”) developed and sold by the Korea Land and Housing Corporation for the purchase of land in KRW 2,18,010,000 in the purchase price. On December 7, 2006, E Co., Ltd. (hereinafter “E”) acquired the status of buyer from a new street cooperative with the approval of the Korea Land and Housing Corporation on December 7, 2006.

(However, with respect to the land in this case, due to the delay of cadastral adjustment, E did not complete the registration of ownership transfer in its name since the registration of ownership transfer in the name of the Korea Land and Housing Corporation was not completed on February 1, 201.

E on March 9, 2007, Defendant B Co., Ltd. (hereinafter “Defendant B”) contracted the construction work of constructing the F building of the third and nine stories above the ground (hereinafter “instant building”) on the instant land at KRW 5,141,40,000, and Defendant B completed the said construction work around the end of February 2008.

C. Meanwhile, from the time of reporting the commencement of the construction project, E divided the division of each floor of the instant building into 3 to 10 stores, and displayed the number of units, and advertised commercial buildings for sale. On November 10, 2007, G and H specified 105 units of the first floor and 3 units of the second floor to I on April 9, 2008.

On December 30, 2008, Defendant B received a decision of provisional injunction against the disposal of real estate against which the right to claim the creation of mortgage under Article 666 of the Civil Act is the right to preserve the right to claim the preservation of mortgage regarding each section of exclusive ownership of the building of this case (Seoul District Court 2008Kahap252, hereinafter the above provisional injunction "the provisional injunction of this case"), and on January 5, 2009, upon the entrustment of the registration of provisional injunction of this case, the registration of preservation of ownership was completed in the name of E as to each section of exclusive ownership of the building of this case, and on the same day, the registration of provisional injunction of this case was completed in

After that, this case was brought against Defendant B.