1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Since around 191, C entered into a contract for facility construction works with D Association established to carry out a land readjustment project of Ulsan-gun Eriwon, Ulsan-gun, Ulsan-gun, with a view to getting paid KRW 8,605,00 for all necessary matters for the construction of facilities and the implementation of the said land readjustment project and receiving approximately 67,665 square meters of land allotted by the authorities in recompense for development outlay (20,469 square meters) as the construction cost.

B. However, after commencement of the above facility construction, C was unable to properly perform the construction due to a large amount of debt, and the construction was suspended on June 1993.

C. After that, on July 13, 1993, C transferred to creditors, such as buyers of land secured for recompense of development outlay, C’s claim of 3,000 square meters of land secured for recompense of development outlay to be transferred from DD to the construction cost, and notified DD of the above assignment of claim on August 16, 1993.

In addition, on July 26, 1993, C transferred to creditors, such as sub-recipients of the above facility construction, C's claim of 4,000 square meters of the land allotted in recompense for development outlay to be transferred from D's association to the construction price from D's association, and notified D's association of the above assignment of claim around July 27, 1993.

(hereinafter referred to as “instant creditors group”) D.

On the other hand, on July 14, 1993, the head of the Dong Busan District Tax Office imposed a disposition of seizing "2,187,788,000 won out of the amount payable to D Union C," on the ground that C was delinquent in national taxes, such as corporate tax, etc., and the notice of attachment of the above claim was served to D Association around that time.

E. Since then D Union did not proceed in the state of suspension of the above facility construction work, between C on April 27, 1994, to terminate the above facility construction contract and to settle the price of the above facility construction work up to that time, D Union's settlement amount shall be KRW 2,797,842,000, and the settlement amount shall be KRW 5,295,00,000, and 5,295,000,000 development recompense land shall be transferred from Ulsan Metropolitan City Mayor after authorization of a land substitution plan.