1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. Drebuilding and maintenance project association (hereinafter “D association”) 1) Drebuilding and maintenance project association between the Defendant

On July 31, 2003, the Defendant concluded a construction contract (hereinafter “instant construction contract”) with the content that construction works for demolition of existing buildings, construction works for apartments and new construction works for appurtenant facilities on the land provided by the D Association between D Association and D Association around July 2010, in order to promote the reconstruction project of 3 units above H and 13 units above ground, Seoul Special Metropolitan City, Nowon-gu, and the 13 units above ground.

B. Around March 2011, the Defendant completed the new construction work of an apartment comprised of 20 square meters and 20 square meters and 30 square meters and 38 square meters and 58 households (hereinafter “instant apartment”), the whole of 20 square meters and 20 square meters and 30 square meters and 8 square meters and 30 square meters were the sales portion of the instant apartment, and the remainder of 30 square meters and 30 square meters were the general sales portion to be appropriated for the Defendant’s construction cost.

C. On July 24, 2012, F (Seoul Northern District Court C; hereinafter “instant auction procedure”) filed an application for compulsory auction against 3 households among the instant apartment lots (30 households of general parcelling-out + 30 households of D association parcelling-out unit) out of 14 lots of the instant apartment site, including each real estate listed in the separate sheet (hereinafter “instant land”), and F (a creditor of the D Association”) of the instant apartment site, was subject to a decision to commence compulsory auction on July 24, 2012.

On December 26, 2012, the Defendant reported the lien and acquired the Plaintiff’s ownership of the instant land and apartment, and the Plaintiff’s ownership of the instant apartment. On December 26, 2012, the instant construction contract’s construction cost claim 15,921,751,243 won (hereinafter “instant construction cost claim”).

(2) The Plaintiff reported the instant lien.