1. The plaintiff's claim is dismissed.

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

Basic Facts

The plaintiff's non-party B (hereinafter referred to as "B")'s claim for the construction cost against the non-party B is the owner of the D Apartment (499 households, hereinafter referred to as "the apartment of this case") on the ground of the non-party C and seven lots of land in Gyeonggi-si.

The plaintiff had been awarded a subcontract for the apartment project of this case from the non-party Seoul Special Metropolitan City Co., Ltd. (hereinafter referred to as the "Saunch") to the non-party Seoul Special Metropolitan City Mayor.

On October 31, 2006, the Sejong District Court decided to suspend current account transactions and decided to commence rehabilitation proceedings on November 24, 2006, the Plaintiff filed a lawsuit against B on February 27, 2007 against the Plaintiff and filed a direct claim for the construction cost as to the Plaintiff’s execution (Article 14 of the Fair Transactions in Subcontracting Act).

In the Seoul High Court case No. 2008Na24151 on August 12, 2009, the Seoul High Court ruled that B shall pay to the Plaintiff 404,509,913 won and damages for delay from March 8, 2007. On December 24, 2009, B’s appeal against the above judgment was dismissed, and that judgment became final and conclusive.

The apartment of this case was approved on September 4, 2009 for the conclusion of the sales contract and the execution of the apartment of this case.

B on September 7, 2009, the Defendant, who was the actual manager of Nonparty E, sold the instant apartment and commercial buildings (20 stores; hereinafter “instant commercial buildings”) in total at KRW 31.19,485 million (hereinafter “instant sales contract”) to the Defendant, who was the wife of Nonparty E, and was paid KRW 200 million on the day of the down payment.

B and the Defendant reached an agreement on October 22, 2009 on the instant sales contract as follows.

1. The sale price of the apartment of this case is 301,194,850,000 won which is the 30% discount from 43,135,50,000 won which is the sale price, and the sale price of the apartment of this case is 1,00,000 won which is the sale price of the apartment of this case. The sale price of the apartment of this case is 31,194,850,000 won which is the total sale price of the apartment of this case (hereinafter referred to as the "total sale price").

3. The down payment for the sale of the above-mentioned objects shall be one hundred million won (Won 200,000,000) and shall be two on September 7, 2009 in the name of the defendant.