1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 15, 2010, the Plaintiff: (a) paid the construction cost from the Defendant; (b) the Plaintiff was awarded a contract with the owner of the building, the construction period from January 15, 2010 to August 30, 2010; and (c) subcontracted the construction work for the five-story cartel with the owner of the building, the construction period from January 15, 2010 to August 30, 2010, under the condition that the proceeds from the sale of the proceeds from the sale of the building are distributed; and (d) the Plaintiff awarded a contract with the owner of the building, the construction period from January 15, 2010 to August 30, 2010.

B. On January 14, 2010, New Mangsan Co., Ltd., carried out re-subcontracting construction in KRW 430,000,00 of the structural part of the instant construction to C (D).

During that period, the construction was suspended due to the failure of the Plaintiff to pay the construction cost, etc. from May 2010 to the third floor of the fifth floor (the completion of the pole, roof, and main wall up to the third floor above the ground; hereinafter “instant building”).

As such, the part who performed the structural construction was demanding the Defendant, the owner of the building, to pay the construction cost, and on May 29, 2010, the Defendant agreed to pay 110,000,000 won under the pretext of labor cost and food for them.

C. However, on November 2, 2010, the Western Central Credit Union rendered a decision to commence the auction of real estate on the instant land, upon the application of the Seocho Central Credit Union, and the F awarded a successful bid in the auction procedure (Sasan Branch E of the Daejeon District Court) and acquired the ownership on October 17, 201.

However, the building of this case was excluded from the sale of the above auction.

On February 28, 2012, the Plaintiff filed a lawsuit against F, who is the purchaser of the instant land, with this court 2012Gahap1495, but this court was sentenced to the judgment against F, on October 25, 2012, on the ground that “the Plaintiff’s claim cannot be deemed a claim arising from the land, and the Plaintiff cannot be deemed as occupying the instant land because it is not the owner of the instant building.”

(e) thereafter G;