1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As to the interior interior interior interior interior interior interior interior interior interior of the building newly built on the land of Gyeyang-gu Incheon and two lots (hereinafter “instant construction”), the Plaintiff and Nonparty C set up a construction contract agreement (Evidence A2) on January 20, 2013 with the Plaintiff within 144,100,000 won, and “payment settlement” within 60 days from the date when the Plaintiff transferred the object to Nonparty C, and on January 20, 2013.

B. On December 11, 2014, in the name of C, registration of preservation of ownership was completed with respect to the building on the Gyeyang-gu Incheon Gyeyang-gu D ground (hereinafter “instant building”).

C. On December 11, 2014, Nonparty Female Fisheries Cooperatives (hereinafter “AFF”) completed the registration of creation of a neighboring mortgage on the ground of additional contract regarding the instant building on the same day, the maximum amount of claims 1,703,00,000 won, and the debtor C.

W. Written leaves: C. H.P.

Upon the registration of the establishment of a neighboring mortgage as stated in paragraph (1), the Incheon District Court E applied for the auction of real estate for the instant building, and the said court rendered a voluntary decision to commence the auction on January 5, 2015.

(hereinafter the above auction procedure is “instant auction procedure”). E.

On July 10, 2015, the Plaintiff filed a report on the right of retention with the amount of KRW 144,100,000 for the construction cost for the third floor facility construction among the instant buildings (the period from January 20, 2013 to April 19, 2013) as the secured claim at the instant auction procedure.

F. On November 5, 2015, the Defendant completed the registration of ownership transfer for the reason of sale on the instant building. On December 7, 2015, the Defendant filed an application with the Plaintiff et al. for a real estate delivery order with F of the Incheon District Court for a decision of acceptance on December 28, 2015, and received two floors of the instant building from the Plaintiff around February 19, 2016.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 5, 6, Eul 9-1 through 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged by the parties is the creditor of the construction cost of the building of this case, and the second floor of the building of this case.