1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On June 14, 2012, the Defendant filed an application for provisional attachment of real estate (Seoul Northern District Court 2012Kadan3907, Seoul Northern District Court 2012Da3907, hereinafter referred to as “instant real estate”) with respect to the instant real estate owned by the Plaintiff on the premise that the Plaintiff had a claim for return of unjust enrichment of KRW 110 million against the Plaintiff as the claim claim, and the provisional attachment registration of the instant real estate was completed on the same day after receiving a provisional attachment decision (hereinafter referred to as “provisional attachment”) from the above court on the same day.

B. On December 21, 2012, the Defendant filed a lawsuit to return unjust enrichment against the Plaintiff and the Plaintiff’s employee company F (hereinafter “Nonindicted Company”). At the time, the Plaintiff filed a lawsuit against the Plaintiff (hereinafter “Nonindicted Company”) was liable for damages jointly and severally with the Nonparty Company pursuant to Article 401 of the Commercial Act, on the ground that: “In-house director in charge of the performance of the duties of the Plaintiff, who is a party to a new construction work from the Defendant; the Plaintiff is a company director in charge of the duties of the Nonparty Company; and is responsible for not doing so, such as illegally occupying the construction of the building and taking economic benefits; however, the Plaintiff’s negligence to cause the Plaintiff to incur damages in excess of the agreed construction cost; thus, the Plaintiff is liable for damages jointly and severally with the Nonparty Company pursuant to Article 401 of the Commercial Act.

On April 19, 2013, the court of first instance (Seoul East District Court 2012Gahap20152) is the defendant on the ground that the plaintiff, either intentionally or by gross negligence, violated the duty of loyalty or duty of care to the non-party company in the process of requesting the payment of construction cost by occupying the building owned by the plaintiff by G, etc. who is a de facto operator of the non-party company, etc. and receiving KRW 260 million under the pretext of construction balance.