1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 8, 2014, the Plaintiff, who sells construction materials, supplied C with construction materials equivalent to KRW 119 million and received the payment thereof until June 30, 2015, but did not receive it. However, upon filing an application for a payment order against C to seek payment for goods, the payment order was issued on May 4, 2017, stating that “C shall pay the Plaintiff KRW 119 million and its delay damages,” and the said payment order became final and conclusive on June 3, 2017.

B. C purchased the land listed in the separate sheet on November 20, 2012 jointly with Nonparty D and completed the registration of ownership transfer on November 30, 2012, and completed the construction of a new building on the ground by obtaining a loan from a financial institution as security, and the Defendant entrusted the construction of the said land.

C New construction of real estate 2, 3, and 4 listed in the separate sheet (hereinafter referred to as “instant telecom”) and completed registration of preservation of ownership on February 11, 2015.

C. C obtained a loan from E Association on March 16, 2015, and completed the registration of creation of a mortgage amounting to KRW 1.586 billion with respect to the instant real estate, the sole property owned by C, as the only property owned by it.

(B) Around September 2015, C borrowed an amount of KRW 400 million under the name of the Defendant for the payment of the construction cost for the construction of the instant telecom, and completed the registration of creation of a mortgage over the instant real estate, on September 14, 2015, on the following grounds: (a) the Defendant borrowed an amount of KRW 400 million from the Defendant for the payment of the construction cost for the instant telecom (electric construction, installation work, and ready-mixed) under the name of the said financial institution; and (b) on September 14, 2015, the Defendant completed the registration of creation of a mortgage over the instant real estate with a maximum maximum amount of KRW 40

In addition, H Co., Ltd. asserts that it did not receive KRW 85 million from C for metal and window construction of the instant telecom, and that H Co., Ltd. did not receive KRW 1,2.