1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. The total cost of the lawsuit is due to the participation.

1. Basic facts

A. The Intervenor’s Intervenor Co., Ltd. (hereinafter “C”) (hereinafter “ Intervenor”) entrusted the instant real estate to M Co., Ltd. (hereinafter “instant real estate”) in 2010, with D forest land and 25 lots (a total of 124,233 square meters; hereinafter “instant real estate”). On March 27, 2014, the instant real estate was voluntarily decided to commence auction upon the obligee N Co., Ltd.’s application.

B. On June 2015, an intervenor E Co., Ltd. (hereinafter “E”) who performed civil engineering works on the instant real estate did not receive construction cost from an intervenor C, and was exercising the lien on the instant real estate on or around June 2015. The Plaintiff and the Intervenor around that time entered into a contract with the Intervenor E on the payment of construction cost under a special contract to pay the Intervenor E in return for the waiver of the lien and the succession to the authorization and permission on the premise that the Plaintiff acquired the ownership of the instant real estate through a voluntary auction or sale and purchase contract (the contract amounting to KRW 100 million immediately, the deposit at the office of a certified judicial scrivener, the balance amount of KRW 90 million, and the remainder of the contract amount shall be paid on the outstanding date of the court’s permission for sale or the outstanding date of the sales and purchase contract). On June 19, 2015.

Meanwhile, Article 6(1) of the Construction Costs Payment Contract provides that the Intervenor C may rescind this contract without a peremptory notice when a land sales contract is terminated due to the Plaintiff’s cause attributable to the Plaintiff. Article 7(1) provides that where the contract is terminated due to the Plaintiff’s cause attributable to the Plaintiff, the total amount paid by the Plaintiff shall be reverted to Intervenor E.

C. Upon the determination of G as a successful bidder of the instant real estate on June 23, 2015, the Plaintiff entered into a contract with the Intervenor C to purchase the instant real estate amounting to KRW 400 million, the remainder of KRW 3850 million, and the sum of KRW 4250 million, as of June 23, 2015 (as of July 3, 2015), and KRW 4.25 billion (as of the remaining payment date) (hereinafter “instant first sales contract”).