1. The plaintiff's claims against the defendants are all dismissed.

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

1. The parties' assertion

A. Plaintiff’s assertion 1) The Plaintiff paid KRW 60,000,000 to the above Defendant around April 9, 2003 to allocate partnership apartments with respect to B apartment reconstruction project promoted by Defendant B apartment building promotion committee, and the Plaintiff joined association apartment construction project promoted by the above Defendant. Therefore, the Plaintiff’s subscription agreement was cancelled, and the above Defendant’s construction project was no longer established. Therefore, the above Defendant should pay the Plaintiff the membership fee of KRW 60,00,000,00, which was paid to the above Defendant due to restitution or nonperformance of obligation. (2) Although Defendant B apartment building promotion committee bears the obligation to return membership fees to the Plaintiff, it concluded a pre-sale agreement with Defendant C on the instant real estate, which is the only property of the Plaintiff, and completed provisional registration of the above Defendant B apartment building promotion committee. The pre-sale agreement between the Defendants on the said real estate constitutes a fraudulent act that undermines creditors, such as the Plaintiff, and thus, Defendant C apartment building promotion committee’s restoration to its original state should be cancelled.

B. The Defendant’s assertion that Defendant B apartment building promotion committee did not bear the obligation to return the membership fee to the Plaintiff on the ground that the Plaintiff did not enter into an agreement to join the association with the Plaintiff or received the membership fee, and even if Defendant B apartment building promotion committee bears the obligation to return the membership fee to the Plaintiff, the agreement to sell and purchase the instant real estate between the Defendants on the instant real estate is aimed at securing the existing loan amount owed by Defendant B apartment building promotion committee to Defendant C, and thus, cannot accept the Plaintiff’s claim.

2. Determination:

A. Gender Jind Co., Ltd. and E Co., Ltd. on July 2002