1. The part of the judgment of the court of first instance against the defendant is modified as follows.

The plaintiff succeeding intervenor is the plaintiff succeeding intervenor.

1. Basic facts

A. A. Provisional attachment on each of the instant buildings, and the Plaintiff’s P Association (hereinafter “P”) and theO Association (hereinafter “O”) as creditors of L Co., Ltd. (hereinafter “L”) completed provisional attachment registration based on each of the instant buildings owned by L around August 2015, each of the instant building, for which each of the instant buildings owned by L, each of the instant district court’s senior support 2015Kadan1489, and the court’s provisional attachment order 2015Kadan2464.

On December 2015, the Plaintiff acquired each claim against L from P and P around December 2015, and the transfer of the claim was notified L at that time.

B. On June 27, 2016, the auction procedure against each of the instant buildings and the instant lawsuit No. 1) upon the application of M Co., Ltd. with respect to each of the instant buildings, the compulsory decision to commence auction was made on June 27, 2016, and the registration of the entry of the decision to commence auction was completed on the same day. Accordingly, the auction procedure was in progress (hereinafter “first auction”).

(2) On July 10, 2017, the Plaintiff filed an application for succession to the status of P andO as a creditor of provisional seizure during the first auction procedure.

3) On August 22, 2017, the Plaintiff filed the instant lawsuit seeking confirmation of existence of the lien against the co-defendants of the first instance trial and the Defendant, claiming that there exists a claim for construction cost against L by executing construction works on each of the instant buildings, and filed a lien report among the first instance auction procedures, claiming that each of the claim for construction cost was a secured claim.

On June 29, 2018, the Plaintiff’s succeeding intervenor received each of the above claims that the Plaintiff acquired from P and P, and the transfer was notified to L around that time.

After the acquisition of the above claim, the Plaintiff succeeded to the first instance court of the lawsuit of this case, and the Plaintiff left the lawsuit of this case with the consent of the Defendant around that time.

On July 2, 2018, the Plaintiff’s succeeding intervenor, on July 2, 2018, owned the original claim by O to Q and R.