1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On June 13, 2003, the Plaintiff entered into a sales contract with the purport to purchase the building of the fourth floor and the first floor area of the underground floor located in Daejeon-gu Daejeon-gu (hereinafter “instant building”) from D for KRW 4,300,000,000. On February 27, 2004, the provisional registration under the name of E, which was completed for the said building, was transferred in the name of the Plaintiff.

Then, the Plaintiff extended the area of 258.93 square meters on the fourth floor of the instant building between D and D at the Plaintiff’s expense (hereinafter “instant extension”). Since the owner of the instant building still becomes D, the Plaintiff agreed to obtain a building permit for the instant extension portion from D, and accordingly, obtained a building permit for the said extension portion in the name of D on April 29, 2004.

B. Meanwhile, the voluntary auction procedure for the instant building was in progress, and the Defendant purchased the said building on April 13, 2007 and acquired its ownership.

C. At the time of the successful bid for the instant building, the extension part of the instant building was not registered in the register because the completion of construction is not completed.

As a result, the dispute arises between the defendant, D, and the plaintiff as to the ownership of the extended part of this case, the defendant filed a lawsuit against D, around July 1, 2010, seeking the implementation of the procedure for change of the owner's name as to the extended part of this case, the first preliminary implementation of the procedure, the plaintiff, and the second preliminary implementation of the procedure, and the return of unjust enrichment equivalent to the rent from the date of removal and the date of completion of removal of the extended part of this case (the Daejeon District Court 2010Gahap6844, hereinafter referred to as the "prior case").

On July 13, 2010, the plaintiff who became aware of the defendant's filing of a lawsuit against the defendant, filed an application for intervention by an independent party to the effect that the owner of the above extended part claims that he/she is the plaintiff and that he/she will comply with the procedure for the change of the name of the owner against D (the court 2010Gahap7298, the above court 201). The above case