1. The part concerning the claim for recovery registration, among lawsuits against the development of the defendant item industry by the plaintiff (Counterclaim defendant) shall be dismissed;

2...

1. Basic facts

A. On November 30, 2006, Defendant item industry development (hereinafter “items”) contracted for the construction cost of C apartment at KRW 5.26 billion on the 9 lots outside Changwon-si, Seoul Special Metropolitan City, Inc. (hereinafter “New Housing”) and awarded a contract for construction cost of KRW 5.5 billion on January 29, 2007 to the Sejong General Construction Co., Ltd. (hereinafter “Seoul Special Metropolitan Construction Co., Ltd.”). On August 18, 2007, the sales contract for real estate (hereinafter “instant apartment”) entered in the attached Table D (hereinafter “instant apartment”).

B. On September 6, 2007, Defendant item suspended the above construction, and on the ground that the right to claim the ownership transfer registration of the new house and the right to claim the registration of establishment of mortgage are the preserved right, the provisional disposition order against the above C Apartment including the apartment of this case (hereinafter “provisional disposition of this case”) was completed following the provisional disposition registration.

C. On September 21, 2007, the new house completed the provisional registration of the right to claim ownership transfer based on the purchase promise under the name E, for which the construction of the apartment in this case was sub-subcontracted from the Sejong case. On June 9, 2008, the Plaintiff completed the registration of ownership transfer based on the provisional registration on the ground that he received the above right to claim ownership transfer from E, and around that time, the apartment in this case is leased to a third party and possessed until now.

On the other hand, on April 16, 2008, Defendant 1 filed a lawsuit against the newly constructed house as the court 2008Gahap2791, and on October 22, 2009, Defendant 1 filed a lawsuit against this court against the newly constructed house, and on October 22, 2009, the said court “new house” between the parties in the above court as to the construction cost of KRW 5.26 billion for the total construction cost of Defendant 1 item, which was executed directly by the newly constructed house after September 20, 2007, shall be determined as KRW 1.6 billion for the construction cost of the newly constructed house, and the remaining KRW 3.6 billion for the payment of the construction cost shall be paid to Defendant 1 item. However, by the payment of the construction cost, Defendant 1’s debt is due