1. All of the plaintiff's claims are dismissed.

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

Basic Facts

On October 2, 2004, each Busan Construction Co., Ltd. (hereinafter “each mountain Construction”) entered into a contract for construction works and an agreement for transfer and takeover of business rights (hereinafter “each mountain Construction”) obtained a construction permit for the construction of the main apartment complex, etc. (hereinafter “the instant building”) on the land listed in the attached Table (hereinafter “instant land”) from the Seocho Market, and awarded a contract for the construction of the instant building (hereinafter “the instant construction”) on the Industrial Complex Co., Ltd. (hereinafter “Industrial Complex”).

on February 16, 2005, U.S. subcontracted the construction cost of the structural part of the instant structural part of the instant structural part to the Plaintiff at KRW 2,695,000,000.

On September 8, 2005, Korea Mutual Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) (hereinafter “Korea Savings Bank”) made a loan of KRW 4 billion to each mountain Construction, and entered into an agreement on the transfer and takeover of business rights with the purport to acquire all business rights related to the new construction and sale of the instant building from each mountain Construction in the event that the grounds prescribed in the basic terms and conditions for credit transaction of the Korea Savings Bank occur. The Seoul Central District Court 2005No247 filed an application for a settlement prior to the filing of the lawsuit (hereinafter “conciliation prior to the filing of the lawsuit”). On November 21, 2005, the settlement including the contents of the agreement on the transfer and takeover of business rights was established.

On November 15, 2005, the instant construction was suspended on November 15, 2005.

For the construction of the construction of the instant case for the construction of the Hansan Construction Co., Ltd. on March 6, 2007 (hereinafter referred to as the “Korea Daisan Construction”), the construction of the instant case was contracted with the construction cost of KRW 17,100,000,000 and the construction period of KRW 15 months from March 6, 2007 to the starting date, and the construction of the instant case was subcontracted to the Plaintiff on the same day with the construction cost of KRW 2,380,000,000 on the same day.

For each industrial construction on June 20, 2007, Korea Savings Bank shall pay loans for each industrial construction to Korea Savings Bank.