1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. Basic facts

A. On May 14, 2014, the Plaintiff entered into a subcontract with the 220 million construction cost (excluding value-added tax) and the 30 June 30, 2014 to accept the subcontract with respect to the construction work among the construction works for the construction works for the Mau General Construction Co., Ltd. (hereinafter “Mau General Construction”) and the construction works for the building B (hereinafter “instant building”) located in Busan-gun, Busan-gun (hereinafter “instant building”).

B. Since then, the Plaintiff executed the instant construction work with a total of KRW 150 million, and exercised a lien on a newly constructed building after suspending the instant construction work under the condition that only KRW 50 million was paid with the construction cost and the unpaid amount was KRW 10 million and the remaining construction cost was equivalent to KRW 70 million.

C. On May 4, 2015, the Defendant: (a) received a successful bid in the public sale procedure; (b) acquired a new construction of the instant building; and (c) subsequently selected a Heal tower construction company as a contractor (hereinafter “ Heal tower construction”).

On June 8, 2015, the Plaintiff entered into a subcontract to accept the instant construction cost of KRW 187 million (i.e., value-added tax of KRW 170 million) with the period of construction fixed on August 31, 2015; and around that time, the Plaintiff entered into a subcontract to accept the subcontract with the period of up to August 31, 2015; the Defendant and the Heal tower Construction, the Defendant, and the Heal tower Construction were divided into the construction cost; however, the Defendant agreed that KRW 68 million and the Heal tower Construction bears KRW 12,200,000,000.

E. On June 2015, the Plaintiff drafted a written agreement on the waiver of lien with the Defendant and the delivery of a newly constructed building after waiver of the exercise of lien, and agreed on the payment of the agreed amount as follows.

The defendant shall pay to the plaintiff 68 million won (supply price) with agreed money within three months after the date of approval for the use of the above custody.

Provided, That where there is an unsold article by the payment date, the agreed price shall be the price of the substitute article.