1. The plaintiff's claim is dismissed.

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

1. The main point of the Plaintiff’s assertion was that the Daegu District Court rendered voluntary decision on commencement of auction at the time of filing an application for voluntary commencement of auction at the Seongbuk-gu Saemaul Bank of Korea (hereinafter “instant building”) with the creditor regarding the building B (hereinafter “instant building”), which was owned by the Plaintiff, and the sale date was set on December 4, 2017.

However, even if the instant building was damaged due to an earthquake in the port area on November 15, 2017 and the real estate market was not normal, the said court failed to pay a total of 36,500,000 won for the lessee of the instant building, which is a junior creditor, by holding the auction procedure for the instant building at a price significantly lower than the market price, and thus making the said court successful bid. Therefore, the Defendant shall compensate for damages equivalent to the total of 36,50,000,000 won for the lease deposit suffered by the Plaintiff.

2. Where a public official inflicts damage on another person by intention or negligence in performing his/her duties, the State shall be liable to compensate for such damage.

(Article 2(1) of the State Compensation Act. However, it is not sufficient to recognize that a public official belonging to the Pohang Port Branch of Daegu District Court caused damage to the Plaintiff by intentionally or negligently violating the statute while executing the auction procedure concerning the building of this case. There is no other evidence to acknowledge this differently.

3. Therefore, the plaintiff's claim cannot be accepted, and it is so dismissed as per Disposition.