1. The plaintiff's claim is dismissed.

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

1. On April 2003, the Plaintiff, the Defendant, and C purchased and registered in the name of the Defendant and C with respect to the Nam-gu Incheon Metropolitan City E-gu Incheon District Court DD real estate auction case (hereinafter “instant land”). The Plaintiff, the Defendant, and C shall bear one-third of the proceeds from the sale, and shall jointly distribute the proceeds from the sale or lease of the instant land one-third of each of them. On July 24, 2003, the Defendant and C agreed to jointly distribute the proceeds from the sale or lease of the instant land (hereinafter “instant agreement”). On July 24, 2003, the Defendant and C prepared a written confirmation on the instant agreement to the Plaintiff.

The defendant and C have purchased in the above auction procedure under their name and completed the registration of ownership transfer in their respective names with respect to one-half of each of the land of this case on August 21, 2003.

On the other hand, on the ground of the instant land, the buildings of the third and the 11th floor above the ground (hereinafter “instant building”) were constructed, and on July 3, 2004, the continental Industrial Construction Co., Ltd. (hereinafter “Nonindicted Company”), F, G, and H (hereinafter “Nonindicted Company, etc.”) each registration of preservation of ownership was completed in the name of the continental Industrial Construction Co., Ltd. (hereinafter “Nonindicted Company, etc.”) and the 1/4 share thereof.

On September 27, 2003, the defendant and C filed a lawsuit against the non-party company, etc. for the removal of the building of this case and the claim for the return of unjust enrichment from the occupation and use of the land of this case (Seoul Northern District Court 2003Kahap5324), and the appeal court (Seoul Northern District Court 2004Na51537) ordered the non-party company to remove the building of this case and pay money at the rate of KRW 6,49,000 per month from March 20 to the delivery date of the land of this case (the dismissal decision against the non-party company). The above decision became final and conclusive on November 10, 2005.

On April 23, 2007, there is a share in the name of the non-party company among the buildings of this case.