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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
(1) A real estate co-ownership company F (hereinafter “F”) owned with the exception of 8.25768/264 square meters, and all remaining shares, excluding 5.3846/172 square meters of H large 172 square meters, and all remaining shares, excluding 1.744/57 square meters of 57 square meters of JJ large 39 square meters, and all remaining shares and G, H-based mixed apartment with the main apartment with the 15th floor of H-ground reinforced concrete structure (hereinafter “the apartment of this case”), excluding 1.22093/39 square meters of 39 square meters of J large 39 square meters, were filed with the Busan District Court for compulsory auction (hereinafter “UD”) and with respect to the real estate of this case, the real estate of this case and the real estate of this case (hereinafter “instant apartment”).
D. The ten construction business operators including the Plaintiff (hereinafter “Plaintiff, etc.”) filed a lawsuit for construction price claim under the Busan District Court Decision 2009Ga7017, Busan District Court, arguing that, from August 2003, the construction business owner of the instant apartment was awarded a contract for each of the following fields: (a) from August 2003, the construction business owner of the instant apartment; (b) the construction cost to be paid was equivalent to KRW 558,458,00; (c) the construction cost to be paid was equivalent to KRW 58,458,00; and (d) the F, who received a change in the name of the owner of the instant apartment from V and W, concurrently assumed the obligation of the Plaintiff, etc.
On May 12, 2010, the Plaintiff, etc. and F reached an adjustment that “F shall pay KRW 300 million to the Plaintiff, etc., on condition that it shall be paid KRW 150 million in installments on September 30, 2010 and December 31, 2010.”
Secondly, on June 29, 2017, Busan District Court distributed the amount of KRW 3,68,944,706 from the date of distribution of the above auction procedure to the actual amount of KRW 3,68,94,70 on the date of distribution, and (1) in the second order, KRW 5,94,490 to the Defendant, who is the mortgagee of the maximum debt amount of KRW 500,000 with respect to the land I and J land in Busan, and ② in the fourth order, KRW 174,49,00 to the Defendant, who is the mortgagee of the Seoul Western District Court, the provisional attachment authority of KRW 50,00,00,000, respectively.