1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The new mutual savings bank (hereinafter “the instant real estate”) filed an application for the commencement of voluntary auction (B) with this court regarding the real estate listed in the separate sheet (hereinafter “the instant real estate”). This court accepted the said application and rendered a decision on commencement of auction on April 3, 2007, and the decision on commencement of auction was completed on April 5, 2007.

B. In the above auction procedure, the Defendant awarded the instant real estate bid and completed the procedure for ownership transfer registration on May 31, 201, and then filed an application with this court for an order to deliver real estate (C) with the Plaintiff. On August 24, 2011, the court accepted the Plaintiff’s above application and rendered a decision to deliver the instant real estate to the Defendant against the Plaintiff (hereinafter “instant order to deliver the instant real estate”).

C. The Plaintiff appealed against the instant order for the delivery of real estate (former District Court 201Ra157) and re-appeal (Supreme Court 2012Ma1198).

This was all dismissed, and thereafter, the Defendant applied for the execution of the delivery of real estate under this Court No. 201357 based on the order for delivery of real estate, and the execution officer belonging to this Court completed the delivery execution of the real estate of this case on August 30, 2012.

[Ground of recognition] Facts without dispute, Gap 1, 13, 14 evidence, purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The present mountain Development Co., Ltd. (hereinafter “Mosan Development”) awarded a contract for the construction work of F in D and E on the ground in the following cities: The EL tower subcontracted the construction work (hereinafter “instant construction”) during the said construction to G Co., Ltd. (hereinafter “G”); and G re-subcontracted the instant construction work to the Plaintiff, who borrowed the name of H (representative I) in the name of H (representative I).

B. Since then, the Plaintiff had reached 85% of the progress rate by performing the instant construction work, but G did not pay the construction cost due to the nature of G, the Plaintiff filed a claim for the construction cost with the court under the name of I.