1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. Basic facts

A. On February 15, 2012, E filed a lien on the instant auction procedure with respect to “N,O, P, Q, R, S, F, T, U, V, X, Z, Z, AB, some of the above land is a building on the ground, and a part of the land was divided into subdivision of each of the instant real estate; hereinafter collectively referred to as “each of the instant real estate”),” which was owned by E, the auction procedure was in progress (hereinafter referred to as “instant auction procedure”) due to Goyang Branch G, H (Joint), I (Joint), and the co-defendant B (hereinafter referred to as “B”) of the first instance trial, asserting that there was KRW 1,50,000,00 for the construction price claim against E.

B. On February 28, 2012, B decided to transfer to the Plaintiff the claim equivalent to KRW 480,000,000 among the claim for construction cost of KRW 1,550,000,000, and the right of retention based thereon. On the same day, B obtained consent from E concerning the said transfer contract.

C. Meanwhile, on April 1, 2013, B registered AC and L as a joint representative director, and registered the provision on restriction of power of representation so that B may jointly exercise its power of representation.

In the auction procedure of this case, the Defendant: (a) among each of the instant real estates, “N,O, P, Q, R, S, T, U, and V each of the instant real estates and its ground buildings,” which were intended to operate jointly with the Defendant, awarded a successful bid for each of the instant real estates, “F, M, X, Y, Z, AA, AB, and buildings on the land of the Goyang-si, Manyang-si, Ilyang-si; and (b) the Defendant and K owned all of the instant real estates on June 14, 2013.

E. Even after the Defendant and K acquired the ownership of each of the instant real estate, several interested parties, including B, including B, have occupied each of the instant real estate. On December 9, 2013, the Defendant drafted a written agreement (hereinafter “instant agreement”) containing the following contents with respect to L, among the co-representative directors of B.

1. The defendant's land is subject to lien.