1. The instant lawsuit shall be dismissed.

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

Basic Facts

A Co., Ltd. D (hereinafter referred to as “D”) was the executor of a business that newly constructs and sells F apartment on the land of Daejeon Seo-gu, Daejeon (hereinafter referred to as “instant apartment”) and entered into a contract for construction work with the buyer after selecting the G Co., Ltd. (hereinafter referred to as “G”) as the contractor around May 2003, and entering into a contract for construction work with the buyer.

Around July 2004, the above Corporation was suspended due to the shortage of funds between D and G.

Accordingly, on July 24, 2005, the buyers of the apartment of this case held a general meeting of buyers and established the C-Sale Measures Committee, and enacted the provision (Evidence A No. 1).

On July 24, 2005, the Csale Countermeasures Committee, which was involved by the defendant in the new construction of the apartment of this case, elected H, I, and the defendant (the defendant was dismissed on or around September 24, 2007, and was appointed as a joint representative on or around March 2008, and was dismissed on May 17, 2008). After acquiring J Co., Ltd. (hereinafter referred to as K Co., Ltd. as the representative director, the company was changed to K Co., Ltd. on November 30, 2006; hereinafter referred to as the "K"), which was employed by the defendant as the representative director, to perform the duties of the Csale Countermeasures Committee through K.

C. On July 26, 2005, the Committee entered into an agreement with D and G to the effect that “the name of the owner of the instant apartment shall be changed to a person designated by the CParcelling-out Policy Committee” (hereinafter “instant agreement on change of the name of the building owner”). On July 27, 2005, the Committee held a general meeting on July 27, 2005 and selected K as a corporation representing the number of buyers of the instant apartment after it decided to change the name of the building owner from D and G to K.

D. Around August 2005, L substantially operating G prepared a written consent stating that “I will not dispose of the unsold part of the instant apartment without the consent of the CParcelling-Out Committee” and the sales contract is terminated at will.

3.