1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 3, 2015, the decision to commence the sale of real estate (Seoul Southern District Court E) was made on February 3, 2015 with respect to each land listed in paragraph (1) of the indication of the attached list real estate owned by Co., Ltd. (hereinafter “each land of this case”) and the building listed in paragraph (2) of the indication of the same list real estate (hereinafter “instant building”) at the request of Co., Ltd., Ltd., and each of the entry registrations was completed on February 3, 2015.

After that, the Seoul Southern District Court rendered a decision to commence the auction procedure for each real estate by F, G, H, I, and J, and each auction procedure was conducted jointly (hereinafter “instant auction procedure”).

B. On March 2015, the Plaintiff reported the lien of KRW 368,167,140 on the instant building as the secured claim at the instant auction procedure.

C. In the instant auction procedure, the Defendant received the decision to permit the sale of each of the instant land and the instant building, and acquired the ownership of each of the instant land and the instant building by completely paying the sale price on June 27, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 6 (if there are virtual numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. On February 22, 2014, the Plaintiff asserted that: (a) contracted to perform the interior works of the instant building from March 2, 2014 to May 2014; (b) exercised the right of retention by occupying the instant building through L from mid-2014 in order to preserve the claim for construction cost equivalent to KRW 368,167,140; (c) delegated the possession, etc. of the instant building to M on October 14, 2016; and (d) occupied the instant building through the Plaintiff’s employees from July 24, 2017, the Plaintiff maintained possession of the instant building.

However, in the auction procedure of this case, the defendant purchased each of the land of this case and the building of this case, and thereafter the constructor including the plaintiff.