1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. A Co., Ltd. (hereinafter “A”) (hereinafter “A”) with respect to the conclusion of a contract for construction works and the change thereof

) The Round General Construction Co., Ltd. on June 1, 2005 (hereinafter referred to as the “Round General Construction”)

B) The main apartment complex B (hereinafter referred to as “instant building”) on the ground at the time of Gyeongyeong-si.

) New construction works (hereinafter “instant construction works”)

As to the construction period, from June 3, 2005 to August 10, 2006, the construction cost was determined as KRW 9,800,000 (including value-added tax) and entered into a contract for construction works with the contents of the contract for construction works to be subcontracted to the Round General Construction. 2) After that, the construction contract was changed into C Co., Ltd. (hereinafter “C”) on June 27, 2008 due to the default of the Round General Construction.

B. On November 19, 2010, the instant building and its site that had been newly constructed 1) had been voluntarily decided to commence an auction procedure on November 19, 2010 with respect to the instant building and its site that had been newly constructed 1). The Defendant completed the registration of ownership transfer in the name of the Defendant on the same day after being awarded a successful bid for the instant building and its site that had been newly constructed on June 8, 2012 at the above auction procedure. (2) The Defendant borrowed funds from the Seogu Daegu Credit Union and paid the successful bid price. (3) During that process, the Defendant, at the request of the Seogu Daegu Credit Union, submitted a written confirmation of waiver of the right of retention from the companies asserting the right of retention to the Seogu Credit Union, and prepared a written confirmation that the Defendant recognized the Defendant’s claim for the construction price to the above companies.

On June 7, 2012, the Defendant prepared a certificate of waiver of the right of retention (Evidence 5) with the effect that “C only agrees with the Defendant and renounces the right of retention,” even from C on June 7, 2012, and recognized that “A” related to the instant construction is KRW 350,000,000, and the Defendant is liable for the said money.