1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. On December 29, 2008, the Plaintiff (former: hereinafter “Plaintiff”) filed a lawsuit against Janan Construction Co., Ltd. (former trade name: Korea Housing Co., Ltd.; Hanju Construction Co., Ltd.; hereinafter “Jan Construction”). On May 15, 2009, the first instance court sentenced on May 15, 2009 that “Ian Construction will pay to the Plaintiff 451,021,278 won and 272,54,740 won among them, 6% per annum from December 25, 2008 to March 6, 2009; 20% per annum from the next day to the date of full payment” (Seoul Central District Court Decision 2008Ga13086). The judgment became final and conclusive around that time.

B. On October 26, 1998, on November 3, 1998, on the real estate listed in the separate sheet (hereinafter “the apartment of this case”) from B, the Jinan Construction completed the registration of the right to claim ownership transfer on October 26, 1998.

(hereinafter “the provisional registration of this case”) C.

B on October 23, 2003, the supplementary registration before the provisional registration of this case was completed on August 26, 2003 with respect to the apartment of this case to C on October 23, 2003.

C On January 12, 2010, the Defendant completed the additional registration prior to the provisional registration of this case, which was based on the transfer on January 11, 2010 with respect to the apartment of this case. On January 18, 2010, the Defendant completed the registration of ownership transfer based on sale on the provisional registration of this case on January 15, 2010.

(hereinafter “this case’s principal registration”). 【No dispute exists, Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. In the instant case where the Plaintiff seeks implementation of the provisional registration of this case and the procedure for registration of cancellation of principal registration, entered in the purport of the claim filed against the Defendant in the name of the Defendant, in subrogation of the construction of the truth as the creditor of the Jinan Construction, the Defendant is not in an insolvent state, and thus, the Plaintiff’s subrogation lawsuit is to be preserved.