1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. C, on June 4, 2012, upon receipt of a decision of permission for sale in the procedure for compulsory auction on the buildings listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant building”), he/she paid the sale price and completed the registration of ownership transfer in his/her name. On April 29, 2013, he/she purchased each land listed in the attached Tables No. 2 and 3 (hereinafter “instant land”) from E and completed the registration of ownership transfer in his/her name.

B. On July 22, 2013, C concluded a contract with the Plaintiff for remodeling and finishing construction of the instant building (hereinafter “instant construction”) with the construction cost of KRW 520 million (excluding value-added tax) and the construction period from July 25, 2013 to October 10, 2013.

C. From August 1, 2013, the Plaintiff continued to perform the instant construction work, and suspended on October 25, 2013, and agreed to receive payment from F with F (C) who was represented by C at the time.

On February 4, 2014, Defendant B, a mortgagee of the instant building and land, commenced the voluntary auction procedure (Seongsan Branch Branch of Daejeon District Court G), and completed the registration of the entry of the decision to commence voluntary auction on the same day. On May 1, 2014, the Plaintiff filed a lien with the said auction court on the ground that, even if the construction works for remodeling the instant building were to be performed on May 1, 2014, the Plaintiff did not receive KRW 45 billion out of the construction cost of KRW 65 billion, and filed a lien report.

E. The instant building and land were sold to Defendant B during the said voluntary auction procedure, and the registration of ownership transfer was completed on September 2, 2014 under Defendant B’s name, and the registration of ownership transfer was completed on September 14, 2015 under H’s name.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 5, 18 (including branch numbers for those with serial numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 7, 9, 11, 12, 19, 21, 22 and 23, and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. As to the building of this case, the Plaintiff is 45 million won.