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

A. New Urban Development Co., Ltd. (hereinafter “New Urban Development”) is the executor of the instant real estate “instant real estate” including the new hospital building (hereinafter “new hospital building”) in Changwon-si’s counter and five lots of ground hospital construction (hereinafter “the instant real estate construction”). E Co., Ltd. (hereinafter “E”) is the contractor of the said construction, and the Plaintiff is a company subcontracted the construction of machinery and equipment from E during the said construction.

B. On April 28, 2010, the above hospital new construction corporation obtained approval for use after completion of the auction procedure of this case and around April 2010. The new city development was loaned KRW 6.9 billion from a mutual savings bank on June 28, 2010, and completed the registration of establishment of a new city development, maximum debt amount of KRW 8.97 billion with respect to the real estate of this case, and the establishment of a neighboring mortgage as a mutual savings bank formed by the mortgagee-mortgager. At the time of the commencement of the auction procedure of this case on June 28, 2010, E, as a joint and several surety of the new city development, is a new hospital new construction construction corporation of this case, which is a joint and several surety of the new hospital, and did not claim ownership and other rights with respect to the real estate of this case as a whole at the time of the progress of the legal procedure. The new city development started with voluntary auction procedure of this case (hereinafter “Voluntary auction procedure of this case”).

3) On December 16, 2011, E submitted a lien registration statement with the claim for the construction cost of KRW 10.8 billion payable to the above auction court as the secured claim. Upon filing an application for a payment order against new urban development seeking a payment order of KRW 10.8 billion for the construction cost, E received the payment order order issued by Incheon District Court 201j1785 on December 29, 201.