1. The plaintiff's claim and the independent party's claim are all dismissed.

2. The costs of lawsuit are due to the principal lawsuit.

1. Basic facts

A. The defendant's application for voluntary auction and the progress of the auction procedure 1) The defendant has a lien on October 13, 2008, concerning the construction cost that he/she acquired by receiving and selling the electrical construction of the building C on the ground that he/she had a right of retention as the secured claim (hereinafter "the auction procedure of this case").

) D, E, and F (hereinafter referred to as “D, etc.”)

(C) No. 201, 401, and 402 of the above-owned building (hereinafter “each of the instant real estates”)

(2) On February 18, 2010, the date of the instant auction procedure, Nonparty G filed an application for the auction of real estate, and Nonparty G completed the registration of ownership transfer on January 21, 2010, after having paid KRW 1,052,367,00 for the purchase price as the purchaser in the instant auction procedure, and completed the registration of ownership transfer on January 21, 2010.

3) D, etc. appeared on the aforementioned date of distribution and raised an objection against the whole amount of delivery to the Defendant. On March 2, 2010, the execution court deposited KRW 1,038,671,863, the amount to be actually delivered to the Defendant on March 2, 2010, as the Military Accounting Branch of the Jeonju District Court (hereinafter “instant deposit”) No. 403, 2010 (hereinafter “instant deposit”).

(4) On the other hand, D, etc. filed a lawsuit of demurrer against distribution under the Jeonju District Court 2010Kahap592, and finally reversed and remanded court (the Gwangju High Court 2014Na654) rendered a judgment dismissing the entire lawsuit on October 2, 2014 on the grounds that “the Defendant’s secured claim prior to the commencement decision of the instant auction was extinguished by prescription, and thus, the auction of this case is null and void based on a lien without existence, and G cannot acquire ownership by fully paying the proceeds of sale, and ownership still cannot be acquired since D, etc. has no interest in filing a lawsuit of demurrer against distribution separately.”