A. C acquired the building permit listed in the separate sheet (hereinafter “instant building permit”) for the purpose of constructing a private house building (hereinafter “instant building”) on the ground of the land C at the Seocho-si (hereinafter “instant land”), and entered into a construction contract with E Co., Ltd. (hereinafter “E”) on June 15, 2008 with the construction cost of KRW 1.2 billion.

B. The Plaintiff, who is engaged in the sales business of steel bars, etc. with the trade name of F, supplied construction materials, such as steel bars worth KRW 107,420,50 in total, to the construction site executed by C (including the construction site of the instant building) from October 2, 2008 to December 2, 200 of the same year.

C. As the Plaintiff did not receive KRW 53,420,50 among the above price of the goods, the Plaintiff filed a lawsuit against C by the Seocho District Court Branching 2009Kadan3809, which was rendered favor of the Plaintiff on May 26, 2010, and the said judgment became final and conclusive around that time.

On the other hand, the construction of the instant building was suspended due to the shortage of funds when the structural construction, such as main walls, columns, and roof, was completed.

E. The instant land was established with the maximum debt amount of KRW 200 million prior to the construction of the said new construction, but the Defendant was awarded a successful bid on June 5, 2014 in the auction procedure for real estate rent based on the said right.

F. C and the Defendant agreed to change the owner’s name as to the instant building to the Defendant (hereinafter “instant building owner’s name change agreement”), and on June 12, 2014, changed the owner’s name as the Defendant.

G. Meanwhile, the ownership of C, other than the instant land, was ① H apartment 108, ② 908 square meters on the land located outside Sin-si, Jeonyangyang-gun, ② 521 square meters on the land of J warehouse and its ground, ④ 301 square meters on the land located in Jeonyang-gun, Jeonyang-gun, Seoyangyang-gun, ⑤ 521 square meters on the land of the instant case, ⑤ 105 square meters on the land of the instant case, and Dong-dong buildings were voluntarily auctioned prior to the conclusion of the agreement to change the name of the owner of the instant building.