1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a person engaged in the production and installation of windows, etc. in the trade name of “C”.

B. On March 16, 2016, the Plaintiff drafted a written contract for construction work that sets the construction cost of KRW 170 million from March 21, 2016 to May 30, 2016, with the construction period as the contractor for the construction of multi-household housing (hereinafter “instant construction”) and the site manager for the said construction, and the construction cost of the said construction (hereinafter “instant creative construction”) as the contractor for the construction of the said construction (hereinafter “instant construction”) and the construction cost of KRW 170 million.

(hereinafter “instant contract”). The Plaintiff, F, and G agreed to prepare and attach a sales contract for part of the newly constructed building for the payment of the construction cost in the said contract. Accordingly, the Plaintiff prepared a sales contract for KRW 65 million for the purchase price of KRW 1 and 65 million among H and newly constructed building, the nominal owner of the instant land.

C. Around August 2016, Defendant and K agreed to take over the instant construction from L, which is the actual owner of the instant construction and the contractor, and accordingly, the Defendant completed the registration of ownership transfer on the instant land on September 2, 2016.

The Plaintiff completed the creative construction of this case on November 2016, and as a result, the Plaintiff failed to pay the construction cost, filed an application for provisional injunction against the prohibition of disposal with the Cheongju District Court 2016Kadan51342 for the registration of cancellation of ownership transfer due to the cancellation of fraudulent act as the preserved right, as to the instant land owned by the Defendant, and completed the registration upon receipt of the provisional injunction order on November 11, 2016.

E. On December 15, 2016, the Plaintiff is above D.

In lieu of withdrawing the application for a provisional disposition against the prohibition of disposal of the claim, the right to collateral security against the land of this case was set up with the maximum debt amount of KRW 275 million and the debtor as the defendant.

(2) On May 16, 2017, the Defendant registered the establishment of the instant collateral security right or the instant collateral security right (hereinafter “instant collateral security”).