1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 29, 2007, the Sejong General Construction Co., Ltd. (hereinafter “Sang General Construction”) discontinued construction as it was executed on the ground of lots, other than 165-2 and 1630 square meters, located in the Busan Special Metropolitan Construction Co., Ltd. (hereinafter “Sang General Construction”), which were owned by the Busan Special Metropolitan City Construction Co., Ltd. (hereinafter “Sang General Construction”), for construction of the main apartment (hereinafter “instant construction”) by being awarded a contract for construction from king General Construction, the construction was suspended as it was impossible for king General Construction to pay the construction cost due to the shortage of funds.

B. On January 30, 201, the Plaintiff received a claim for construction payment from the Sejong General Construction.

C. A. E.S. Development Co., Ltd (hereinafter “A. E.S. Development”) succeeded to the rights and obligations of king Construction on April 18, 201 and implemented the instant construction.

Accordingly, on May 12, 201, 201, the title of the instant land was transferred from king Construction on April 3, 201 after the provisional registration of transfer of ownership was made with respect to the instant land on the grounds of the purchase and sale reservation, and on October 1, 2011, the Plaintiff entered into a new contract between the Plaintiff and 14,250,000 won for the instant construction work, and the Plaintiff agreed to succeed to the obligation to pay the said construction cost and pay the Plaintiff.

While the Plaintiff completed the instant construction project in accordance with the said contract with Es. Es.A. and completed the structural construction of the second floor above ground, the construction was suspended on September 2012 due to the failure to pay the construction cost of Es.S. development.

E. Upon the commencement of a compulsory auction on the instant land around November 14, 2012, Defendant Master Construction Co., Ltd. (hereinafter referred to as “master Master Construction”) purchased it at the auction procedure on April 22, 2012, and the ownership transfer registration on the instant land was made in the future of Defendant Master Construction, and thereafter, Defendant, the trustee, due to the trust.