1. The plaintiff's claim is dismissed.

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

Basic Facts

On March 6, 2007, the Plaintiff awarded a contract for the construction of the main complex shopping mall (hereinafter “instant shopping mall”) on each real estate listed in the attached list (hereinafter “instant real estate”) to each of the real estate (hereinafter “instant real estate”) and awarded a contract for construction cost of KRW 17.1 billion, and awarded a contract for the construction of the main complex shopping mall (hereinafter “instant shopping mall”) on March 7, 2007 to the Busan Construction Co., Ltd. (hereinafter “Unconstruction”).

Since then, the Plaintiff’s suspension of construction around July 2007, since each of the construction works did not pay the construction cost, and around that time, the shopping mall construction was completed from underground to ground second floor.

On August 10, 2007, the Plaintiff filed a lawsuit seeking payment of the construction cost against each Busan Construction under the Suwon District Court Branch Decision 2007Gahap4872, and on September 22, 2008, the conciliation was concluded that the Plaintiff and each Busan Construction shall pay the Plaintiff KRW 1.9 billion by May 31, 2009, on the condition that the payment shall be made in addition to 20% damages for delay if the said payment date is not possible.

On the other hand, each mountain Construction transferred the right to a building permit on the instant real estate and shopping mall to the Korea Savings Bank Co., Ltd. (former Mutual Savings Bank Co., Ltd.; hereinafter “Korea Savings Bank”), on December 26, 2008, and completed the registration of ownership transfer on December 30, 2008.

On April 30, 2013, Korea Savings Bank was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap47, and the Korea Deposit Insurance Corporation was appointed as bankruptcy trustee.

On October 19, 2012, the Korea Deposit Insurance Corporation (hereinafter “B”) conducted a public auction procedure by publicly announcing the instant real estate on October 19, 2012, and on April 10, 2013, B Co., Ltd. (hereinafter “B”) purchased the said real estate and completed the registration of ownership transfer on October 2, 2013.

Since then B, on September 30, 2013, the instant real estate was transferred to the Intervenor.