1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. B (hereinafter “B”) entered into a contract with Sungnam-si on April 20, 2005 with the following content:

B The building on the 6,563.8m2 in Seongbuk-gu, Sungnam-si, Sungnam-si, which is owned by Sungnam-si, is constructed on the 6th m2 above ground and the 3rd m2 below underground floor (hereinafter “instant building”) and donated at Sungnam-si.

On the condition of the above donation acceptance, etc., Sungnam-si shall grant to B the right of free use for 20 years with respect to the building in this case.

B may allow a third party to use and benefit from part of the building of this case (the total floor area of less than 40%).

B. Since then, D Co., Ltd., a domestic corporation of B (hereinafter “D”) succeeded to the above contractual status of B on July 1, 2005.

C. D’s failure to repay the instant building due to the lack of funds around January 2009, among the construction works of the instant building, and around that time, the construction was suspended.

Accordingly, the above subcontractor companies, including the Defendant, constituted the “C&D Co., Ltd. Co., Ltd.” (hereinafter “C&D”) and the Defendant and Hyundai Industrial Corporation (hereinafter “N&D”) were selected as the representative company.

D around May 2009, for the payment of the construction cost, transferred all the rights to sell and dispose of the unsold parts of the instant building, such as the conclusion of occupancy contract, to the creditor group.

The term “sale” refers not to the premise of the transfer of ownership, but to lease the instant building to a third party within the scope of the right of free use established by D from the Sungnam city.

(hereinafter the same shall apply)

E. On May 15, 2009, the Plaintiff entered into a contract for occupation and use of D’s ancillary facilities (hereinafter “instant contract”) with D and D as to the second floor 30 of the instant building (hereinafter “the instant building parts”), which is five years (not less than twenty years when renewal).

F. The Defendant is the account in which the cost of the instant contractual supply (hereinafter “lease Deposit”) is deposited.