1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On December 31, 2002, Korea Co., Ltd. (hereinafter “Co., Ltd.”) entered into a trust agreement and a fund management agent agreement for the business of constructing and selling a main complex building on the above ground with respect to the construction of the main complex building on the ground of Ansan-si and four parcels (hereinafter “instant project site”). On the same day, K non-trust entered into a trust agreement and a fund management agent agreement for the business of constructing and selling the main complex building on the ground of the said trust agreement, and completed the registration of transfer of ownership on the instant project site due to the said trust agreement. (ii) K non-trust was unable to pay the construction cost to B any more due to the lack of trust property on October 2004, and eventually, it was dealt with both the Republic of Korea Co., Ltd. and the said Si Co., Ltd.

3) Under such circumstances, the KF Trust disposed of the instant project site and the buildings under construction on the above ground in accordance with the above trust agreement. The above public sale procedure added the condition of the public sale, stating, “The purchaser shall recognize the payment price for the pre-sale to the number of buyers who entered into the sales contract with the trustor for the instant project, shall take over the rights and obligations under the sales contract, and shall submit the written consent to the buyer’s acceptance of the rights and obligations, and shall submit the written deposit to the buyer before the due date for the remainder payment, and shall submit the written deposit to the buyer who did not submit the written consent.” The MFC was determined as the purchaser in the above public sale procedure, and HHE Co., Ltd. (hereinafter “HBC”) shall pay all the remainder after taking over the buyer’s status from MD, and at the time of completing the registration of ownership transfer as to the instant project site on May 28, 2007.