1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 4, 2009, upon C’s application, the real estate compulsory auction procedure was initiated as Chuncheon District Court Young-gu Branch F for the real estate auction procedure on June 5, 2009 with respect to each real estate located on the land of 1,410 square meters and 1,410 square meters and the attached list on the land owned by D (hereinafter “instant building”). The registration of the compulsory auction procedure was completed on June 4, 2009, and four compulsory auction procedures were overlapped after the compulsory auction procedure was conducted.

On June 28, 2011, the defendant purchased the above site and the building of this case in the above compulsory auction procedure, and acquired the ownership by fully paying the sale price on August 11, 201.

B. In the above compulsory auction procedure, on January 11, 2010, G alleged that “A new building of this case is occupied as at the time of completion of the building of this case because a new building was not paid KRW 421,524,400 as a result of the supply of new construction from the owner H and the performance of the new construction work.” On May 12, 2010, G reported a lien, asserting that “A new building of this case is occupied as at the time of completion of the construction of the building of this case, even if a new building was purchased from the owner H and was performed by the owner of this case, he did not receive KRW 480,075,000 for the construction cost, even though he received the new construction work from the owner H,” and reported a lien.

C. On September 30, 2013, the Defendant filed an application for provisional disposition against J and K, asserting that the Defendant is the lien holder with respect to the instant building, etc. and filed an application for provisional disposition for delivery of the instant building, etc. under the jurisdiction of the Chuncheon District Court as the Young-gu Branch of the Young-gu District Court (2013Kahap141). On April 28, 2014, the said court rendered a provisional disposition under the condition that “J and K leave out the instant building and deliver the said site to the Defendant” on the condition that the Defendant deposit KRW 18,00,000 as security for J and K, or submit the payment guarantee consignment agreement for the same amount.

Although J filed an objection against the above provisional disposition order with the above court 2014Kahap48, the above court was above September 25, 2014.