1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a person who received from C (hereinafter “C”) a notarial deed under a money loan agreement (hereinafter “instant notarial deed”) issued by a notary public in accordance with No. 417 of 2015, which was issued by C (hereinafter “C”), and holds a loan claim amounting to KRW 60 million against C.

B. On August 27, 2015, the Plaintiff filed a claim attachment and collection order with respect to KRW 60 million, among the construction cost claims C owed against the Defendant as the title of execution of the said notarial deed, under the Daegu District Court Branch 2015TTTT1654, and received a decision on August 27, 2015, to seize and collect the same content as the purport of the application (hereinafter “instant collection order”).

The instant collection order was served on September 1, 2015 on the Defendant.

C. On the other hand, on March 2, 2015, C received from the Defendant a supply of KRW 420 million per square, for civil engineering works and construction works for multi-family housing (hereinafter “instant construction”) with respect to five parcels, E and five parcels, as well as KRW 4.1 million per square, from the Defendant.

According to the instant construction contract, C takes charge of financing business and sales responsibility for the instant construction project, and took charge of civil engineering work costs and takes charge of all expenses incurred in the development project within 10 days from the date of construction work, C provided land price equivalent to 30% of the area of the primary project site and all expenses incurred in the development project through financial institutions and provided the said money with priority, and used the remaining money as construction work costs.

(Article 3(2)-2). The Defendant’s land cost is KRW 300,00 per square year, and the Defendant decided to pay KRW 30,000 of the business profit when settling accounts with compensation for the completion of liability to C.

(Article 4). However, C agrees to waive the instant construction contract automatically (Article 4(2) of the instant construction contract if the suspension of construction continues for at least 10 days due to the violation, negligence, etc. of its liability agreement relating to the instant construction project (i.e., Article 4).