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

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

1. Basic facts

A. On July 3, 2008, the Plaintiff completed the construction work of this case by being awarded a contract with Nonparty D for the construction work of this case, and completed the construction work on September 2008. However, the Plaintiff filed a lawsuit seeking the payment of construction cost under the Changwon District Court Decision 2009Da44719 against D who did not pay part of the construction cost.

B. In the above lawsuit, the Plaintiff and D were adjusted to “D shall pay KRW 20 million to the Plaintiff by February 26, 2010.”

C. D had resided in the above house from the time of completion of the instant construction, and around February 26, 2009, the registration for preservation of the house was completed.

On the other hand, D has borrowed KRW 400 million from E on April 2009, and as it was impossible to repay the above borrowed money, D completed the provisional registration of the right to claim transfer of ownership on May 26, 2009 for securing the debt of the borrowed money.

E. D In order for D to continue to pay the above borrowed loan debt, E has completed the registration of ownership transfer under its name on the ground of the completion of the pre-sale agreement as of January 1, 2010, around June 18, 2013.

F. After that, around June 24, 2013, E sold the instant house to the Defendant with a purchase price of KRW 110 million and completed the registration of ownership transfer on the said house on July 18, 2013.

[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1 and 2, witness E and F's testimony, purport of whole pleading

2. Judgment as to the plaintiff's primary claim

A. The gist of the Plaintiff’s assertion was the completion of the instant housing construction, but it was impossible to receive the construction cost, the Plaintiff installed locks at the entrance of the housing, prevented others from entering the said housing, and requested F, a neighboring resident, to inform the Plaintiff immediately.

In addition, it also posted a banner informing the plaintiff that the plaintiff is in the exercise of the right of retention outside the house.

As above, the Plaintiff exercises a lien while occupying the instant house, the Defendant, who is the present owner of the said house.