1. The plaintiff's claim is dismissed.

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

Basic Facts

The defendant concluded a construction contract with the non-party B apartment reconstruction association (hereinafter referred to as the "non-party association") and the non-party D shop in Incheon Seo-gu, Seo-gu and completed the construction work.

On February 18, 2008, the Plaintiff acquired the instant real estate from the non-party partnership from sale and completed the registration of ownership transfer on November 14, 2012.

The defendant filed an application against the non-party union for the conciliation of the payment of the construction cost with the Suwon District Court 2013spa712, and on September 26, 2013, the conciliation of the following was established in the conciliation procedure.

On February 23, 2005, the non-party union shall pay 8,245,709,538 won to the defendant until November 30, 2013 under the contract for reconstruction works concluded between the defendant and the non-party union.

If the non-party partnership fails to pay the above money by November 30, 2013, the non-party partnership shall pay the amount that it has failed to pay in addition to 20% interest per annum.

(Adjustment) Paragraph (1) of the same Article. For security of payment of KRW 8,245,709,538 of the cost of construction as stated in Paragraph (1), the non-party union shall implement the procedures for registering the establishment of a mortgage with respect to each subparagraph of the above 401, 402, and 403 units of the commercial building until September 27, 2013 (including the real estate of this case and specific details are as stated in the evidence No. 5) of the above 401, 402, and 403 units of the commercial building (including the real estate of this case as stated in the evidence No. 5) by the Incheon District Court Decision No. 2007Kahap2228, Sept. 11, 2013 for the exercise of the right to claim the registration of the establishment of a mortgage

(Adjustment Clause 2). All expenses related to the mortgager referred to in Paragraph 2 (including all expenses, such as taxes and public charges, but not limited to them) shall be borne by the non-party partnership.

However, a certified judicial scrivener shall pay remuneration to the defendant.

(Adjustment Clause 7). On September 30, 2013, the Defendant: (a) pursuant to the above conciliation protocol, the amount of the claim regarding the instant real estate is KRW 8,245,709,538; (b) until November 30, 2013; and (c) became the debtor’s partnership.