1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Basic facts

A. On October 10, 2006, the C&Ser Co., Ltd. (hereinafter “C&Ser”) completed the registration of ownership transfer based on the trust with respect to the land (hereinafter “instant land”) on the registration of the C&C assets trust (hereinafter “C&S trust”) with respect to the land (hereinafter “C&C trust”) other than Pyeongtaek-si A 1366.8 square meters.

B. The developments leading up to the construction of the instant building, etc. (the trade name prior to the change is a company of mid-to long-term construction, which is a company of mid-to long-term construction; hereinafter “mid-term construction”).

(2) On May 31, 2007, the Plaintiff entered into a contract with the Plaintiff for the construction work of constructing the instant building on the instant land from the C&Ser (hereinafter “instant contract”).

A) On June 28, 2007, Doshe Construction concluded a contract with the Defendant for the structural construction of the 4 to 6th floor of the instant building (hereinafter “the instant structural construction”) during the instant construction.

2) The subcontract agreement providing that the contract amount shall be KRW 2,100,000,000 (hereinafter referred to as “instant subcontract”).

(2) The Defendant did not receive the construction price due under the instant subcontract while executing the instant structural construction. On June 9, 2008, the event of default on bills issued by the Defendant, which occurred and ceased the instant structural construction around June 9, 2008 without completing the structural construction of the sixth floor of the instant building.

3) Since July 2008, re-contractors, who were subcontracted the instant framework construction from the Defendant, had the agricultural nature to demand the payment of the construction cost at the site of the instant construction from around July 2008, and the Defendant provided support, such as purchasing placards to re-contractors to the effect that they exercise a lien. 4) C&S clerks notified that the instant framework construction was terminated on November 13, 2008 due to the Defendant’s delay in construction, and thereafter, the Defendant used it as the site office.