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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed.
2...
Reasons
1. Basic facts
A. The parties concerned 1) The defendant is the defendant's multi-family house with the fourth fourth floor above the Daejeon Seo-gu Daejeon (hereinafter "the house of this case") around January 2008.
(2) The Plaintiff claimed the right of retention as the claim for construction cost of KRW 177,258,00,000 at the auction procedure for the instant housing.
3) After the Defendant awarded a successful bid for the instant house, the Plaintiff completed the final construction work on May 2008, after receiving a contract from the Defendant, and the Defendant paid the Plaintiff KRW 5 million out of the agreed construction cost. (B) The Defendant leased KRW 202 out of the instant house to D around May 2008, KRW 5 million, and KRW 300,000,000,000,000,000 for the instant house. At that time, D had been transferred the said 202, and resided therein.
2) Around August 6, 2008, the Defendant entered into a promise to sell and purchase the instant housing through E through E. On August 6, 2008, G on August 18, 2008: (a) on the instant housing, G completed the registration of ownership transfer claim on the ground of trade reservation on August 6, 2008; (b) on December 3, 2009, the above provisional registration was cancelled; and (c) on June 3, 2010, the registration of ownership transfer claim was completed on the ground of trade reservation on May 27, 2010; and (d) around December 20, 2013, the registration of ownership transfer was completed on the ground of trade completion; and (e) on March 31, 2011, the date of sale and purchase by Defendant G on behalf of the Defendant was notarized by the buyer’s right and obligation to acquire the instant housing as KRW 300,000,700,00,000.
4. On May 27, 2010, the Defendant: (a) concluded a pre-sale agreement with G and the instant housing amounting to KRW 270 million; (b) on March 31, 2011, the date of the completion of the sale was set as KRW 270,000; and (c) drafted a re-sale agreement.
(c).