1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In around 2005, the Defendant entered into a contract with D Housing Redevelopment Association (hereinafter “instant association”) by setting forth KRW 3,462,00 (hereinafter “instant contract”) as to the E-building construction project implemented by the said association (hereinafter “instant construction project”).

B. F, a member of the instant association, was sold in lots E apartment G units completed by the instant construction (hereinafter “instant apartment units”), and completed the registration of ownership preservation on September 14, 2009, and thereafter, the Plaintiff was awarded a successful bid for the instant apartment units during the voluntary auction procedure with the Seoul Western District Court’s District Court, and completed the registration of ownership transfer on August 2014.

C. From July 2008, the date of completion of the instant apartment, the Defendant filed an application for an auction based on the instant claim for the right of retention and possessed the instant apartment on November 201, 2014 (hereinafter “instant auction”). On March 15, 2016, the instant apartment was sold to I and the distribution procedure for the instant auction stated in the purport of the claim was prepared a distribution schedule that distributes the remaining surplus 65,240,810 won to the Defendant, who is the applicant for auction, who is the owner, to the Defendant, who is the applicant for auction. The Plaintiff filed a lawsuit of demurrer against the instant auction.

[Ground of recognition] Facts without dispute, Gap 1, 3, 5, 6 evidence, Eul 1 through 4 (including additional numbers), the purport of the whole pleadings

2. The Plaintiff’s claim for the construction price of this case against the Defendant’s association asserted expired upon full repayment, and even if the full repayment was not made, the extinctive prescription expired on July 201 after the lapse of three years from the completion date of the instant apartment.

Therefore, the distribution schedule should be revised to delete the dividend amount of KRW 200 million against the defendant and distribute it to the plaintiff.

3. Determinations Nos. 1 to 4.