1. The plaintiff's claim is dismissed.

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

1. Presumed factual basis

A. Crebuilding and rearrangement project partnership (hereinafter “instant association”) contracted the construction of a new apartment (hereinafter “instant apartment”) on the land outside the Do and 96 lots of land in Seocho-si (hereinafter “Industrial Complex”) to Industrial Complex Co., Ltd. (hereinafter “Industrial Complex”), and Industrial Complex subcontracted the instant apartment construction (hereinafter “instant construction”) to the Plaintiff on February 16, 2005, among the new construction works of the instant apartment.

However, the construction of this case was suspended around December 2005 due to the bankruptcy of Hohoho Lake.

B. The instant association awarded a contract for the construction of the remainder of the instant apartment to Masan C&C Co., Ltd. (hereinafter “Masan”), and Taesan subcontracted the remainder of the instant apartment to the Plaintiff around October 2006. However, the instant association discontinued construction around May 2007 due to the reasons such as Masan’s financial shortage, etc., and the Plaintiff discontinued the instant construction.

C. After several times, the change, etc. of the contractor was promoted, but no more than once, and the E Co., Ltd. (hereinafter “E”) was established to run the instant apartment project.

E on June 17, 2010, each land belonging to the site of the apartment of this case is awarded at the auction procedure of the F Real Estate Forest Auction procedure for the Youngcheon District Court, Chuncheon District Court, and completed the registration of ownership transfer in its name on the same day.

E acquired the business right from the instant association, and completed the construction work around July 201, after determining the shot (U.S.) Construction Industry Co., Ltd. (hereinafter referred to as the “U.S.) as the project site.

E. On August 20, 2010, the Plaintiff asserted a lien on the instant apartment with the head of the field office G and the staff H as the occupation assistant, and E filed a lawsuit against the Plaintiff for the confirmation of existence of a lien as the Seocho District Court Branch 2010Kahap575 on August 20, 2010.

On May 27, 2011, the above court held the claim for construction payment of KRW 3,303,669,840 against the instant union.