1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. As to the building of J on the ground and the 6th floor above that was constructed on the ground of the above site owned by H and 3 parcels and I Co., Ltd. (hereinafter “I”), the Han Bank, a collateral security right holder, filed an application for voluntary auction with K of this court. On December 2, 2004, the court rendered a decision to commence the auction procedure of this case (hereinafter “instant auction procedure”).

B. The Plaintiff and the designated parties (hereinafter referred to as “Plaintiff, etc.”) participated in the new construction of the instant building, but did not receive construction payment from I, and reported the lien in the instant auction procedure.

C. On August 24, 2006, G drafted a letter stating that “I, instead of transferring a right of retention to G, I would like to use a letter of waiver of right of retention for the purpose of searching the instant building, use the letter of waiver of right of retention for the purpose of searching the instant building, and promise to solve the total amount of claims of the Plaintiff, etc. after searching the instant building” (hereinafter “each letter of this case”).

L/M bid in the instant auction procedure on August 28, 2006 at KRW 4,138,200,000, the minimum sale price, and the highest price was the successful bidder.

G on August 30, 2006, for the purpose of finding the instant building, agreed with L and M (hereinafter “L, etc.”) with the following contents.

o G and I shall be responsible for the cancellation of lien prior to the payment of the successful bid price.

o G and I shall exercise the right of management (including the right of sale) on the building of this case for ten months from the date of registration of successful bid.

o G shall pay L and M an amount calculated by adding 1.5 billion won to all expenses after completion of the sale.

o, M shall complete the registration of ownership transfer concerning the building of this case to G after receiving the price.

(e) G, L, and M are for the purpose of submitting them to financial institutions on October 27, 2006, L, M.