1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 30, 2010, C entered into a contract with the Defendant for construction works with respect to the building (hereinafter “instant construction works”) as to the land listed in Table 1 Nos. 2 of the attached Table Nos. 1 (hereinafter “instant land”) on the ground (hereinafter “instant building”) on the construction period from July 1, 2011 to March 30, 2012, with the Defendant setting the construction cost at KRW 4.95 billion.

B. Around December 2011, while C was unable to pay the construction cost of the instant construction due to the financial standing, C reached an agreement with Defendant representative director D to the effect that “C and D jointly establish the Plaintiff, C shall transfer the ownership of the instant land to the Plaintiff, and the Defendant shall continue to perform the said construction upon receiving a supply of the instant construction work from the Plaintiff” (hereinafter “first agreement”).

C. After the first agreement, C and D established the Plaintiff on January 12, 2012, and D assumed office as the representative director.

Of the shares issued by the plaintiff 9,000 shares, D shall take over 69,300 shares (70%) and E and F shall take over 14,850 shares (15%) upon C's request, and become the shareholder of the plaintiff.

C On March 26, 2012, the Plaintiff completed the registration of ownership transfer under the name of the Plaintiff with respect to the instant land, and on March 29, 2012, the name of the owner of the instant building was changed to the Plaintiff.

On March 29, 2012, the Plaintiff entered into a contract with the Defendant to enter into a contract with the content that the construction period for the instant construction work was extended from July 22, 2011 to September 30, 2012 (from December 31, 2012) and the construction cost was KRW 4.95 billion (including value-added tax, and was reduced to KRW 3 billion thereafter) with the Defendant, setting the contract amount to the Defendant.

C In the sense of confirming the first agreement with D on November 3, 2012, when the obligation of the Plaintiff to the Defendant is fully settled, D transfers all of the Plaintiff’s shares to C or to a person designated by C, and the Plaintiff.