1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff (former trade name: D: at the time of the change) from around 2011 to around 505.80 square meters, the Plaintiff (former representative E) started a new urban-type residential housing construction project that newly constructs one underground floor, apartment houses with nine stories above ground, and officetels on the land of Busan Dongdong-gu, Busan. The project was discontinued due to financial shortage (hereinafter “instant project”). The project was discontinued due to the lack of funds (hereinafter “instant project”); and the said project site and new building site “the instant land and the instant building” or “the instant real estate” are “the instant real estate.”

(2) G (former representative director) obtained the pertinent corporation from D on February 7, 2013 and decided to conduct the instant business. On February 19, 2013, D’s trade name was registered as the Plaintiff, and G was registered as the Plaintiff’s internal director on the same day.

3) The Defendant (the representative of H) received a proposal from G to “to settle the investments and profits after the completion of the construction, if it invests funds necessary for the instant project,” and, to secure this, to transfer the ownership of the instant real estate and play the role of exercising the instant real estate on the nominal basis. However, the Defendant (the representative of H) decided to assign G to the instant real estate. However, H acquired the ownership of the instant real estate on May 6, 2013 and acquired the owner’s status by acquiring the instant building being transferred on June 30, 2013, which was being newly constructed on June 30, 2013, and entered into a contract with G to entrust the Plaintiff with the remaining construction on July 1, 2013, and thereafter invested funds equivalent to the aggregate of KRW 42,000,000,000,000, to be settled to E.

5 The Plaintiff completed the instant building on or around January 2014, and H was approved for use on or before February 3, 2014 by the same year.

4.5. The registration of initial ownership has been completed.

B. H Co., Ltd., Ltd., as a loan of business funds, on August 20, 2013, offered the instant land and buildings below the Busan Pharmaceutical Credit Union as security.