1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff is a non-corporate body consisting of 49 fishermen. On October 16, 2001, the Plaintiff entered into a sales contract with the Korea Water Resources Corporation for the purchase of shares of 1,869.31/2,054.4 square meters of the members of Ansan-si (hereinafter “instant land”). On July 6, 2002, the Plaintiff and 7, the purchaser of the instant land, were granted a construction permit to newly construct a commercial building of 2 underground floors and 5th above the ground from the Ansan-si market.

On September 20, 2005, the name of the building owner was changed from September 20, 200 to the plaintiff.

B. As of November 21, 2003, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the purport that the Plaintiff provided the instant land as a site for the said commercial building, and D newly built a commercial building by securing construction cost, and that the first and second floors of the commercial building belong to the Plaintiff’s members, and that the remainder shall be appropriated for the construction cost by selling them to the general public by D (hereinafter “instant construction contract”).

C. On December 30, 2005, the Plaintiff purchased shares from E in 26.44/2,054.4 of the instant land on January 2, 2006, and completed the registration of ownership transfer with respect to shares in 1,895.75/2,054.4 of the instant land (i.e., shares purchased from 1,869.31/2,054.4 shares purchased from 1,869.4/2,054.4 shares; hereinafter “instant shares”). On the same day, D completed the registration of ownership transfer with respect to the instant shares on December 30, 2005.

D) On the same day, D completed the registration of ownership transfer made on December 30, 2005, with respect to the remaining shares of 158.65/2,054.4 shares, all of the remaining shares, out of the land in this case.

On the other hand, according to F's entrustment of registration of provisional seizure by F, the creditor of D, the registration of preservation of D's ownership was completed on March 22, 2006 with respect to the buildings newly constructed in accordance with the instant construction contract (hereinafter "the instant building").

E. D’s obligee, D’s obligee.