1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. From December 28, 2007 to July 27, 2009, the Plaintiff ordered construction under the name of the Defendant (Co., Ltd. prior to the change) to be registered as a director of the Defendant (Co., Ltd. prior to the change). The Plaintiff, while performing the construction works by means of raising construction funds on its own under its own own account and responsibility, performed so-called installment-free, where the Plaintiff paid to the Defendant an amount equivalent to a certain percentage of the construction cost in return for the nominal name transfer.

B. On December 11, 2008, the Plaintiff entered into a contract for construction works under the name of the Defendant with respect to public works among Class I neighborhood living facilities (hereinafter “instant land”) on the ground of KRW 620,00,000,000, and the construction period from December 15, 2008 to March 14, 2009, with respect to the construction works under the name of the Defendant for Class I neighborhood living facilities (hereinafter “instant land”).

C. The Plaintiff was performing the instant construction in accordance with the said contract and suspended around April 2009.

On December 9, 2010, G, who is the husband of the Defendant representative director and the actual manager of the Defendant Company, had the instant land registered under H as a security for the construction cost of the instant construction project, and the instant land was registered under H.; and D and E, who is the ordering person of the instant construction project, prepared and delivered a performance memorandum with the following contents (hereinafter “instant performance memorandum”).

I, as the F purchasers of Ulsan-gun, Ulsan Metropolitan City, will perform in accordance with the official text of December 10, 2010, and will be responsible for, and compensated for, civil and criminal issues arising in the event of non-performance. Additional obligations relating to the above real property are conditions to be settled by the principal in full (performance).

E. An agricultural cooperative, the mortgagee of the instant land, has committed the crime.