1. The instant lawsuit shall be dismissed.

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

1. The plaintiff's assertion is a company that operates the broadcast drama production business, etc., and the defendant is a company that operates real estate development, implementation, leasing business, etc.

On October 8, 2008, the Plaintiff entered into a construction contract with the Defendant with the purport that the Plaintiff shall build the instant building, which is the head of the drama, and the Defendant shall pay the Plaintiff the construction cost of KRW 5 billion.

Although the Plaintiff completed the instant building on or around August 2009, the Defendant failed to pay KRW 2.4 billion out of the construction price. The Plaintiff promised to pay the construction price again to the Plaintiff, and then requested the extension of the due date until August 31, 2009, and fails to perform the construction until the due date, there is no objection even if the Plaintiff voluntarily disposes of the instant building owned by the Defendant as of December 16, 2009.

“Preparation of a letter of guarantee,” and, on November 22, 201, drafted a final statement of performance to the effect that “In the event that the full payment of the construction cost is not possible by December 23, 2011, the Plaintiff will transfer not only the instant building but also the development project right to the Plaintiff.”

Therefore, since the ownership of the instant building is owned by the Plaintiff, it is sought confirmation against the Defendant.

2. In a lawsuit seeking confirmation as to the legitimacy of the lawsuit of this case, the benefit of confirmation must be guaranteed as a requirement for the protection of rights. The benefit of confirmation is recognized only when the defendant is the most effective and appropriate means to obtain a judgment of confirmation against the defendant, which is in danger of being present in the plaintiff's rights or legal status, and to eliminate such apprehension and danger. Thus, if the defendant of the lawsuit seeking confirmation refers to a person who is likely to cause apprehensions about the plaintiff's legal status due to dispute over the plaintiff's rights or legal relations, he shall be the person who claims the benefit in conflict with the legal interest