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1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against the Plaintiff’s successor, including those resulting from the intervention.
Reasons
1. Basic facts
A. On April 25, 2003, a term integrated construction company (hereinafter “term construction company”) contracted with D for the construction of the 11th ground floor building on the 2nd underground floor as indicated in the separate sheet (hereinafter “instant building”) and completed each of the above construction around July 8, 2004.
B. D completed the registration of initial ownership on July 9, 2004 after completion of the new construction of the building of this case. On December 20, 2006, the Busan District Court rendered the auction procedure of real estate rent E to support Busan District Court (hereinafter “the first auction procedure”) with respect to the building of this case upon the request of the marine transportation-based agricultural cooperative and the Namsan Agricultural cooperative. In the above auction procedure, the fixed construction was reported as the creditor of the construction cost against D. C. On May 14, 2007, the Busan District Court rendered a lawsuit against the above person who reported the above lien as Busan District Court Branch Branch Branch 2007Kahap182, and the Busan District Court ordered to dismiss the lawsuit for confirmation of existence of the right of retention on April 24, 2008, and the decision of the defendant to the defendant to the defendant to the defendant to the lawsuit was concluded on November 6, 2008, and it continued to commence the auction of the construction cost of this case as the plaintiff to the defendant to the defendant to the lawsuit.
E. On September 17, 2010, the Defendant purchased the instant building at the second auction.
However, according to the defendant's motion for auction based on the lien of the defendant's intervenor, the defendant's motion for auction on the 29th of the same month as Busan District Court Dong Branch G