The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Basic Facts

A. A. A medical corporation entered into a construction contract with a construction business operator to carry out a hospital construction project (hereinafter “instant construction project”) on the ground and on the ground of the first and J level of the North Korean Net Chang-gun, and subsequently suspended the construction due to the construction fund.

Since then D Co., Ltd. (hereinafter “D”) succeeded to the obligation of the instant construction project while continuing the instant construction project from H.

B. On March 21, 2014, the Plaintiff entered into a construction contract with D and the instant construction contract for electrical construction among the instant construction works, and filed a claim for payment on September 30, 2014, but failed to receive the payment, and subsequently suspended the said construction on May 2015.

The Plaintiff filed a lawsuit against D with the Gwangju District Court 2015 Ghana 521882 against the Plaintiff seeking the payment of the said construction cost.

On August 22, 2017, the above court rendered a ruling that “D shall pay to the Plaintiff 134,197,830 won with 5% per annum from June 1, 2015 to August 22, 2017, and 15% per annum from the next day to the date of full payment.” The above ruling became final and conclusive as it is (hereinafter “Plaintiff’s claim for construction payment against D”).

K, as a mortgagee of the real estate listed in attached Form 2 (hereinafter “instant building”), filed a voluntary request for auction of real estate in relation to the instant building to E in this Court.

On June 18, 2015, this Court decided to commence an auction, and thereafter, the voluntary auction procedure for real estate related to the instant building (hereinafter “instant auction procedure”) was conducted (F and G).

On September 2, 2015, Defendant B concluded a mortgage agreement with the intent to set up a maximum amount of KRW 230,220,500 with respect to the instant building; Defendant C concluded a mortgage agreement with the intent to set up a maximum amount of KRW 123,480,000 with respect to the instant building (hereinafter “instant mortgage agreement”); and the Defendants on the same day.