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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 2008, the Defendants’ right of retention (former trade name: Sung-gu, Inc., Ltd.) decided to newly build neighborhood living facilities (D) on the north-gu, Pohang-gu, and two parcels of land around the port of port around September 2008.
The Defendants participated in the said new construction work, and the said new construction work was suspended due to the shortage of funds by the Nam-gu Co., Ltd., and the Defendants exercised their lien and possessed the said construction site (hereinafter “instant construction site”).
B. On September 10, 2013, Defendant Lockn issued and delivered each of the following content to the Plaintiff on September 10, 2013: (a) Defendant Lockn entered into a contract for the construction of an elevator at the site ordered by Southern Plus, Co., Ltd.; (b) Defendant Lockn entered into a contract for the construction of an elevator at the site ordered by Southern Plus, but it is inevitable to exercise the right of retention in accordance with the attempted payment and the interruption of construction process. Defendant Lockn will waive the right of retention on this site under the condition that it will receive KRW 77,08,00 equivalent to 60 per cent of the attempted amount (Provided, That upon submission of each written agreement, KRW 15,417,600, which is 20 per cent of the agreed amount).
(2) On September 16, 2013, the Plaintiff paid KRW 15,417,600 to Defendant Egypt.
C. Defendant B prepared and delivered written waiver of the right of retention to the Plaintiff around September 10, 2013. Defendant B, the lien holder at the construction site of this case, shall be KRW 150,000,000,000 for a public auction and lien for new building, and shall waive all of the rights to the exercise of the right of retention and the remaining construction for the said new building. However, the payment of the agreed amount of the right of retention shall be 20% prior to the time the agreement is concluded with all lien-related parties, and the remaining amount shall be 80% prior to the time of the completion of the agreement with all lien-related parties, and the remaining amount shall be 80% after the record of each new building, and the Plaintiff shall submit this waiver. 2) On September 16, 2013.