1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 10, 2010, the Defendant, who is a construction contractor of a new construction project of three sections of Ab block apartment (hereinafter “instant construction”) ordered by the Korea Land and Housing Corporation, contracted the construction project of reinforced concrete (hereinafter “instant construction”) to the Sung River C&C Co., Ltd. (hereinafter “SC”) for a contract period of KRW 4,440,00,000 (including value-added tax) and the construction period from November 10, 201 to October 31, 201.

The Defendant, in collaboration with the same soil, contracted the instant construction work to Sung C&C, appears not to have separately agreed on the ratio of construction cost sharing between the Defendant and the same soil corporation and Sung C&C.

B. Upon delay in performing the instant construction project, the Defendant urged the instant construction project on May 20, 201 and May 27, 2011; the Defendant notified on June 2, 2011 that he/she would not comply with the request; and around that time, the Defendant notified the Defendant of his/her intent to terminate the instant construction contract on June 2, 201; and at that time, the expression of intent to terminate the instant construction contract reached G&C.

C. On March 17, 2011, the Plaintiff received a decision on provisional seizure of claim against KRW 117,996,673 of the instant construction price claim against the Defendant owed by Sungsung C&C as Seoul Central District Court 201Kadan962 (hereinafter “instant provisional seizure”). The original copy of the said decision was served on the Defendant on March 21, 201.

On June 23, 2011, the Plaintiff filed an application for a seizure and collection order to transfer the instant provisional seizure to the Seoul Central District Court 201TB to the original seizure, based on an executory copy of the protocol of mediation holding the title of construction materials rent for construction materials, the Plaintiff transferred KRW 116,35,569, out of the instant construction cost claim the Defendant owed by G&C against the Defendant. On June 23, 201, the said court transferred KRW 116,335,569, out of the instant construction cost claim against G&C against the Defendant, and issued the instant seizure and collection order that the Plaintiff may collect the said seized claim, and the original copy of the seizure and collection order was served on the Defendant on June 29, 2011.

(e)in this case;