1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 21, 2012, in the voluntary auction procedure (hereinafter “instant voluntary auction procedure”) regarding the instant real estate in Pyeongtaek-si and three multi-family houses on the land of 12 lots (hereinafter “instant real estate”), Pyeongtaek-si Co., Ltd. (hereinafter “Nonindicted-si”) (hereinafter “instant voluntary auction procedure”) filed a lien report stating that KRW 1,432,200,000 for the instant real estate has a claim for construction cost, and filed a lien report.

B. The Defendant purchased the instant real estate in the voluntary auction procedure of the instant case, paid in full, and acquired the ownership of the instant real estate.

C. On the basis of the authentic copy of a promissory note with the executory power of No. 297, No. 2014, the Plaintiff: (a) based on the premise that the notary public against the Nonparty Company was the lien holder who exercises the right of retention of the claim for the construction price (hereinafter “instant claim for the construction price”) arising from the instant real estate as the secured claim; (b) based on the premise that the Nonparty Company’s claim for the construction price of the instant claim against the Defendant, the Nonparty Company received the order of seizure and collection of the claim No. 2014, Incheon District Court 2014, where the Defendant is the garnishee, and the third obligor, the Incheon District Court 2014, where the Defendant is the Defendant (hereinafter “instant claim seizure and collection order”); and (c) on August 28, 2014, the seizure

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s non-party company has a lien on the instant claim for the construction price arising out of the instant real estate as the secured claim. Since the Defendant acquired the instant real estate through a voluntary auction, the Defendant is obliged to pay the amount equivalent to the construction price of the instant real estate to the non-party company.

However, the Plaintiff’s claim for construction payment of this case is 20 million won.