1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 3, 2004, the Plaintiff was awarded a contract with the construction cost of KRW 2.31 billion for the construction work of constructing a new building, which is a commercial building with the size of 1st underground and 3rd ground level, on the ground level, both the land and the 8th ground level of the land of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul (hereinafter “instant commercial building”).

B. On November 10, 2005, after completing the said construction, the Plaintiff settled the balance of the construction cost for the instant commercial buildings at KRW 1.2 billion, and on September 14, 2006, the Plaintiff concluded an agreement with the Plaintiff to delegate all management and disposal rights, including lease, sale, etc., to the stores not sold among the instant commercial buildings.

C. On the other hand, in order to prepare purchase price, etc. for the commercial site of this case on May 14, 2004, B created a collateral of 3.9 billion won with respect to the commercial site of this case, the National Agricultural Cooperative Federation established a collateral of 3.9 billion won with respect to the maximum debt amount, and borrowed 3.0 billion won with respect to the commercial site of this case. In addition to the above site on January 5, 2005, on which the registration for the preservation of the commercial building of this case was completed under its own name, B created a joint collateral in the National Agricultural Cooperative Federation's future.

Since then, B failed to repay the above loans, the National Agricultural Cooperative Federation filed a request for auction on the part of the commercial buildings of this case including the store of this case with the Suwon District Court E on the basis of the above collateral security right and received a decision to commence auction on December 15, 2006.

On April 5, 2007, the Plaintiff reported the lien on the instant store, etc. with the claim 1.2 billion won for the construction cost as the secured claim at the above auction procedure.

E. On June 27, 2008, the Defendant obtained a decision to permit the sale of the instant store at the above auction procedure, and paid all proceeds on July 16, 2008, and completed the registration of ownership transfer accordingly.

F. The Defendant, on August 4, 2008, transferred to the Plaintiff and B as Suwon District Court 2008Kadan9657.