1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

On January 3, 2009, Nonparty F, upon entering into the construction contract for the instant building, set the construction period of the five-story multi-household housing (hereinafter “instant building”) on the ground of the Dongjak-gu Seoul Metropolitan Government, H and I Three lots (hereinafter “instant land”) as the construction period from January 3, 2009 to December 20, 209, the construction cost of construction, KRW 750,000,000 (excluding value-added tax) on the construction period.

(hereinafter “instant prime contract”). On April 2009, the British General Construction subcontracted the Plaintiff with the construction cost of KRW 3,200,000 per square meter (the parking lot part of the first floor shall be KRW 1,600,000 per square meter and value-added tax separately).

(2) On June 16, 2009, the Seoul Central District Court filed an application for the auction of the land of this case with the Seoul Central District Court on June 16, 2009 (Seoul Central District Court J.) and on June 17, 2009, the decision to commence auction was rendered on June 17, 2009.

In order to secure F’s claim for construction cost, the construction of the title of the instant building was occupied by K, L, M, N,O, P, and Q (hereinafter “K”) and exercised the right of retention. On April 6, 2010, the title of retention was reported at the above auction procedure.

Defendant C purchased the instant land at the above auction procedure on April 14, 2010 and completed the registration procedure for transfer of ownership on May 10, 2010.

The Plaintiff completed the construction of the instant building and the auction of the instant building on the ground after the decision to commence the auction was made, and on July 28, 2010, the registration of preservation of ownership of the instant building was completed under F’s name.

On February 14, 2011, Defendant C applied for a compulsory auction on the instant building to the Seoul Central District Court (Seoul Central District Court RR case), and the decision to commence the auction on March 24, 201.