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On February 3, 2007, as Seoul Central District Court 2007Gahap12246, the Plaintiff filed a lawsuit against the Defendant for the payment of the sale price, penalty, development cost, and damages for delay, which were already paid due to the cancellation of the contract, by asserting that the sale contract was cancelled or cancelled, on the 6th underground and the 18th ground L Building on the 18th ground surface (hereinafter “instant building”) on the 3rd parcel of land outside Dongdaemun-gu, Dongdaemun-gu, Seoul, and that the sale contract was cancelled or cancelled.

On October 10, 2007, the court of first instance rendered a judgment to dismiss all the plaintiff's claims.

B. The Plaintiff appealed with Seoul High Court No. 2007Na11461, and subsequently, the Plaintiff amended the purport of the claim to seek the payment of the sale price, penalty, development cost, and damages for delay, which were incurred due to the cancellation of the agreement, the statutory cancellation due to nonperformance of obligation, or the cancellation of deception and mistake, together with the primary claim and the conjunctive claim claimed by the first instance court. In addition, the Plaintiff added the claim to seek the payment of the delayed payment, development cost, and damages for delay from the date following the scheduled occupancy date.

In the above lawsuit, the appellate court rendered a judgment subject to a retrial that dismissed the plaintiff's appeal on May 12, 2009, and the plaintiff's attorney was served with the original copy of the judgment subject to a retrial on May 20, 2009.

C. The Plaintiff appealed and appealed by Supreme Court Decision 2009Da47654, but was dismissed by a judgment of non-trial trial on August 20, 2009, and the original judgment was served on the Plaintiff on August 31, 2009.

2. Determination on the legitimacy of the litigation for retrial of this case

A. Article 451(1) of the Civil Procedure Act