1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 15, 2002, the Defendant lent KRW 500 million to C Co., Ltd. (C on November 8, 2003; hereinafter “C”), and agreed to receive KRW 500 million for one apartment unit newly built by C as security. The Defendant was issued a sales contract stating the purchase price as KRW 500 million to C, and a sales contract stating the purchase price as KRW 300 million, and a sales contract and a building permit application in the name of C was issued by C.

B. On May 20, 2002, the Defendant agreed on May 20, 200 to receive the full amount of the above loan, and to lend KRW 500 million to the Plaintiff on May 21, 2002, and to receive the said apartment as security.

C. On September 29, 2003, when the Plaintiff failed to perform the above security agreement, the registration of preservation of ownership in the name of the Plaintiff was completed at the request of the court on September 29, 2003 with respect to the real estate listed in the attached list (hereinafter “the apartment of this case”). In order to secure the above loan claim, the Defendant filed an application for provisional seizure as to the apartment of 10 households including the apartment of this case with the government branch of the Seoul District Court's 2003Kadan50888, and according to the provisional attachment order as of October 14, 2003, the provisional attachment registration as to the claim amount of 750 million won as of October 14, 2003, the creditor was completed (hereinafter “the provisional attachment of this case”).

On October 20, 2003, the Plaintiff: (a) filed a request with the Defendant for the cancellation of the above provisional seizure since the provisional registration of the right to claim ownership transfer was to be made on the instant apartment; (b) the Defendant concluded a pre-sale agreement with the Plaintiff regarding the instant apartment; and (c) completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) under Article 103150 of the receipt of the Seocho-gu District Court’s receipt of the Namyang District Court

E. Around June 7, 2007, the Defendant filed a claim against the Plaintiff for the registration of ownership transfer based on the provisional registration of this case with respect to the apartment of this case as the District Court 2007Kadan31693.