1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 9, 2010, the Plaintiff was awarded a contract for the construction of the instant construction of the GG building by Sacheon-si D, E, and F ground G building (hereinafter “instant construction”) from B and C during the construction period of KRW 2,321,40,000 (excluding value-added tax) and from April 9, 2010 to December 30, 2010.

B. On May 9, 2012, with respect to each real estate listed in the separate sheet among the above G building (hereinafter “each of the instant real estate”), the court HH on May 10, 2012, the instant court I, and the instant court J on July 19, 2012 commenced the discretionary auction procedure for real estate. On May 14, 2012, the Plaintiff reported a lien at the voluntary auction procedure for H real estate in this court H real estate.

C. On June 18, 2013, the Defendant won each of the instant real estate at a voluntary auction procedure and completed the registration of ownership transfer on the same day.

On September 2, 2013, the Defendant filed an order to deliver real estate with K in this Court, and received from this Court an order to deliver real estate “the Plaintiff shall deliver each of the real estate listed in [Attachment 2 and 3] to the Defendant.”

[Ground of recognition] Facts without dispute, Gap evidence 1-1 through 9, Gap evidence 2, Gap evidence 3, Gap evidence 6-1 and 6-2, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion completed the instant construction on May 15, 201, but failed to receive the construction cost at all from B and C, and the Plaintiff occupied each of the instant real estate from the time of completion of the construction to the present time in order to receive the said construction cost. On January 2013, the Plaintiff concluded a lien transfer agreement with L to the effect that “if the Plaintiff transfers a lien on each of the instant real estate to L, it would receive a successful bid by participating in an auction by L or a third party and pay a minimum of one billion won to the Plaintiff with the agreed amount of the lien, and if a third party receives a successful bid, it would pay a minimum of one billion won to the Plaintiff.” However, the said lien transfer agreement was concluded between L and L on January 31, 2013.