1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. C around 209, around 2009, was the owner of Pyeongtaek-si D Forest land 6,171 square meters (hereinafter “1 real estate in this case”) and 262 square meters prior to Pyeongtaek-si E (hereinafter “2 real estate in this case.” In the case of a common name with the real estate in this case, “each real estate in this case” was the owner of each real estate in this case, and the Plaintiff exercised a lien on each real estate in which the claim for construction price of KRW 586,00,000 against C was the secured claim.

B. On January 20, 2011, the Defendant purchased 6,305/6,571 shares of each of the above real estate in the voluntary auction procedure for the share of 6,305/6,571 shares among the instant real estate No. 1 and the land of Pyeongtaek-si, owned C, and acquired shares of co-ownership of each of the above real estate.

C. On January 201, 201, the Plaintiff prepared and submitted a written waiver of the right of retention to the National Bank Co., Ltd. for each of the instant real estate. Accordingly, on January 20, 2011, the Defendant granted a loan of KRW 600,000,000 from the above National Bank and granted the said National Bank for each of the instant real estate and the instant National Bank for each of the instant shares of KRW 6,305/6,571, the maximum debt amount was KRW 780,000,000.

On the other hand, the loan amount of the above national bank was determined on the premise that the plaintiff renounced the lien on each real estate of this case.

On the basis of the lien that provides the claim for construction cost of KRW 586,00,000 against C as the secured claim, the Plaintiff filed an application for an auction for shares of KRW 266/6,571 among the real estate No. 1 of this case with Suwon District Court H, which was decided to commence auction on July 6, 201, and the registration of commencement of auction was completed on July 11, 201, and the Defendant became the sole owner of the instant first real estate by acquiring the ownership of the said shares on April 13, 2012 at the above auction procedure.

On the other hand, the Plaintiff received dividends of KRW 41,979,395 as the lien holder in the above auction procedure.

E. Meanwhile, C on April 28, 2009, with respect to the instant immovable property No. 2, the maximum debt amount shall be 53,000.