1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. 1) Seoul Mapo-gu Seoul Metropolitan Government D 167.6 square meters (hereinafter “instant land”).

(A) the colon and coargument and coargument, constructed on and above the ground, (hereinafter referred to as “former building”).

A) The F Co., Ltd. (F Co., Ltd. G around August 11, 2005) was owned by E, and its trade name was changed to G around August 2005.

hereinafter referred to as “foreign company”

(2) In order to sell old buildings by newly constructing a multi-household house, the Plaintiff purchased the instant land from E on October 2, 2004 and obtained a building permit under E on November 2, 2004, and removes the old building and multi-household housing of the fourth floor reinforced concrete structure on the ground (hereinafter “HG”)

The new construction began (However, the transfer registration in the name of the non-party company on the land of this case was completed on April 22, 2005).

2) On November 4, 2004, E completed the registration of creation of a neighboring mortgage that became the non-party company, with respect to the instant land and Gu building, KRW 221,00,000,000, the maximum debt amount of the debt amount, I Association of the mortgagee, and the non-party company.

3) Upon the request of the IF, the voluntary auction procedure was conducted by the Seoul Western District Court J. On January 15, 2007, the Defendant purchased the instant land in the said voluntary auction procedure and completed the registration of ownership transfer under its name on January 22, 2007. 4) Around the commencement of the said voluntary auction procedure, the construction process of HFC was limited to 60%, and the non-party company completed the construction project by force.

B. On October 17, 2007, on the instant land owned by the Defendant, the Defendant filed a lawsuit for removal of building, etc. against the non-party company on the ground that the non-party company owned H lending, under the Seoul Western District Court 2007Kadan67121, and was sentenced by the above court on December 27, 2007 that "the non-party company removes H lending to the Defendant, and deliver the instant land," and the above judgment became final and conclusive as the dismissal of appeal (Seoul Western District Court 2008Na6766) and the dismissal of appeal (Supreme Court 2008Da765877).

C. 1 The defendant is a household of H lending on April 8, 2009.