1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 3, 2014, the Plaintiff subcontracted the construction cost of KRW 440 million (including value-added tax; hereinafter the same shall apply) among the instant new construction works, to D (hereinafter “D”) that was the owner of the land for C 9,112 square meters (hereinafter “instant land”) and was awarded a contract for the construction of “E building” to the instant land (hereinafter “F”) (hereinafter “instant new construction works”).

B. The Plaintiff and F agreed to change the construction cost and the completion period of the instant civil engineering works twice as follows, and the Plaintiff was paid KRW 97,7450,000 to F, etc. as the construction cost.

The term of contract for the completion of the construction cost (on April 3, 2014), KRW 440 million (on July 30, 2015, KRW 1.41 billion (on February 11, 2015) and KRW 1.69 billion on December 30, 2015, KRW 1.49 billion (on September 14, 2015) (on December 30, 2015, KRW 1.69 billion).

D On June 26, 2015, G Co., Ltd. (hereinafter “G”) completed procedures for the registration of ownership transfer on the instant land due to trust, and G succeeded to the status of the contractor of the instant new construction project around July 2015.

G around May 20, 2016, the public sale of the instant land was conducted, and the public sale of the instant land included the following phrases:

Meanwhile, from August 2016 when the public sale procedure is in progress, the Plaintiff has occupied the said civil construction site by asserting that the lien was exercised to preserve the unpaid construction cost of the instant civil construction works from around August 2016.

The purchaser shall accept the current status of the goods at public auction, and the disposal of the existing interested parties (including lien, etc.) shall be responsible for the buyer.

E. On September 19, 2016, the Defendant purchased the instant land from G, and completed the procedure for ownership transfer registration on October 31, 2016. On November 1, 2016, the Defendant made the instant land to G based on trust.