1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 20, 2003, the Plaintiff (formerly: Dois Construction Co., Ltd.) entered into a subcontract with respect to sub-construction among the construction works on the building on the attached list (hereinafter “instant building”) which was newly constructed on B large 3,913.6 square meters in Gwangju Northern-gu, Gwangju (hereinafter “instant land”).

The plaintiff completed the above Saturdays around November 2003, however, he did not pay KRW 423,400,000 out of the construction cost.

B. On September 29, 2003, C Co., Ltd. (hereinafter “C”) entered into a subcontract for reinforced concrete construction among the instant building construction and the instant new construction, and entered into a contract for the alteration of construction period and construction amount with Pungsung Comprehensive Development Co., Ltd. (hereinafter “Pungsung Comprehensive Development”) who succeeded to the status of the comprehensive construction of Pungsung (hereinafter “C”) on November 30, 2004.

C The construction work was suspended on September 2005, but the comprehensive development of Pungsung did not pay KRW 725,000,000 out of the construction cost.

C on July 16, 2007, the Plaintiff and Pungsung integrated development entered into a contract to transfer the claim for construction cost of KRW 725,000,000 and the right of retention. On October 25, 2007, the Plaintiff notified the transfer of the above claim and the right of retention to the comprehensive development of Pungsung integrated development.

C. On April 25, 2005, the decision of compulsory commencement of auction was made to Gwangju District CourtD on April 25, 2005, and the decision of voluntary commencement of auction was made to Gwangju District Court E on May 13, 2005, and the defendant received the decision of permission of sale of the land of this case in the above auction procedure and paid the purchase price in full on November 8, 2007, and on the same day, the registration of ownership transfer was completed in the name of the defendant on the land of this case.

Defendant (F) On January 4, 2008, the Plaintiff (F) paid the construction cost of KRW 1,088,400,000 (hereinafter “the construction cost of this case”).