The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On October 4, 2016, the Plaintiff entered into a contract for construction works with 18 generation units of urban residential housing of 10 stories in the scale of 10 stories (hereinafter collectively referred to as “real estate 1,” and, in cases of specifying individual units of houses, hereinafter referred to as “the construction works of this case”) with construction cost of KRW 1 billion and construction period from October 5, 2016 to March 5, 2017 (hereinafter referred to as “the construction contract of this case 1”), and entered into a contract for construction works for urban residential housing of 19 stories in the scale of 10 stories in the scale of 10 stories in Hongsung-gun, Hongsung-gun, Hongsung-gun, for construction works (hereinafter referred to as “the construction contract of this case”) with E during the construction period from 200,000 to 30,500,000 won in the remainder of the construction contract of this case (hereinafter referred to as “the construction works of this case”).

B. As to the real estate No. 1 of the instant case, G voluntarily filed an application for auction to Daejeon District Court Hongsung Branch H, and the said court rendered a decision to commence an auction on June 18, 2018, and the decision to commence an auction was completed on the same day.

With respect to the real estate No. 2 of the instant case, a short period of time filed a compulsory auction application to the Hongsung District Court Support I, and the said court rendered a decision of compulsory auction commencement on July 13, 2017 and completed the registration of the decision of commencement of auction on the same day, and J filed a voluntary auction application to K with the same support, and the said court rendered a decision of voluntary commencement of auction on May 15, 2018 and completed the registration of the decision of commencement of auction on the same day.

(c)

On August 2018, the Plaintiff reported the lien in each of the above auction procedures.

(d)

On January 7, 2020, the Defendant awarded the real estate No. 1 in the instant auction procedure with Hongsung Branch of Daejeon District Court: (a) received the bid; and (b) received the bid for each of the instant real estate No. 2 in the support I and K (Dus) auction procedure on December 6, 2019, and paid all the purchase price.

[Grounds for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 9, and Eul evidence No. 1