1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. (1) The acquisition of lien, etc. (1) the construction of the NLF Construction Co., Ltd. (hereinafter referred to as the “NLF Construction”) newly built the F Building, an aggregate building, on the land outside Ulsan-gu E and the third parcels (hereinafter referred to as the “instant building”).

(2) Around August 2002, Non-party G Co., Ltd. (the representative H; hereinafter referred to as “G”) contracted the construction of the interior interior interior interior interior interior interior of the instant building from the Raf Construction to KRW 3.3 billion (the construction cost is changed to KRW 2.97 billion thereafter) and completed the construction around August 2004.

(3) As G did not receive the construction cost properly from the Rop Construction, G exercised a lien on the entire building of this case with the claim for the construction cost as the secured claim from the time of the completion of the construction work.

(4) Around 2005, G filed a lawsuit with the Daegu District Court seeking payment of the construction cost against G, and the said court rendered a judgment to the effect that “The UNDD Construction shall pay 2.3 billion won to G and damages for delay,” and the said judgment became final and conclusive.

(Court 2005Gahap18706). (b)

On May 10, 2007, the Plaintiff acquired the 801st, 802, 901, 902, and 902 of the instant building from among the instant building at the 1st, Ulsan District Court I auction (hereinafter “instant store”).

C. The Plaintiff and G agreed on November 2007, including the following purport:

(hereinafter referred to as the “First Agreement”). - The Plaintiff shall pay 400 million won to G, and G shall be paid 400 million won by the Plaintiff and at the same time waive a lien on the instant store.

- The Plaintiff shall pay the money for individual stores at the time of a bank loan or at the time of the lease of each store, or comprehensively pay the money for the entire store, and G shall provide the Plaintiff with a waiver of a lien for an individual store when receiving the money for the individual store.

- In order to protect the rights of G, the Plaintiff is the mortgagee of the instant store.