1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From February 2004, gold Mine Construction Co., Ltd. (hereinafter “gold Mine Construction Business”) subcontracted the construction of a new D apartment complex and officetel 1 complex on the Pyeongtaek-Gun B and C’s ground, from around December 2004, D apartment and officetel 2 new construction works on E and F’s ground, and the said new complex construction works were subcontracted to Hanm Engineering Co., Ltd. (hereinafter “FF”) and the said new complex construction works were subcontracted to Hanm Development Co., Ltd. (hereinafter “Onem Development”).

B. On March 2008, from around May 2008 to around May 2008, the Ilsung Lease Co., Ltd. (hereinafter “Dasung Lease”) leased a construction snow at the construction site of the aforementioned 1 complex new complex engineering. The Defendant leased the construction snow at the construction site of Han-man Development at the construction site of the above 2 complex new complex.

C. Around August 2008, prior engineering renounced the construction of a new complex as it did not receive the progress payment due to the financial difficulties for the gold mine construction, and the said construction of a new complex was subsequent to the construction of the said two complex and the construction of the said one complex was subcontracted. Korea-tin Development leased the construction of a new complex additionally required for the construction of the said one complex from the Defendant.

On October 29, 2009, the Defendant and Ilsung Lease drafted a written agreement with the Defendant to use the materials owned by Ilsung Lease, which are used at the construction site of the new complex 1 complex, without compensation until the completion of the structural construction, and to immediately return such materials after the completion of the structural construction.

E. After that, when the gold mine drying business was in default on June 2010, Korea-U.S. Development exercised a lien until now at the construction site of the above 1 and 2 new complex construction project.

F. On November 8, 2013, the Ilsung Lease transferred all of the construction costs used at the construction site of the said complex 1 complex to the Plaintiff, and notified the Defendant of the said transfer before November 14, 2013 so that the said construction costs may be returned to the Plaintiff, not the Ilsung Lease, by notifying the Defendant of the said transfer on November 15, 2013.