1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On or around December 2, 2006, the Plaintiff was awarded a subcontract for construction of the instant apartment from the Seocho-gu Integrated Construction Co., Ltd. (hereinafter referred to as the “Seo-gu Construction”) (hereinafter referred to as the “instant apartment”) which is the contractor of the new housing construction (hereinafter referred to as the “new housing construction”) of a reinforced concrete structure slab roof 14-story apartment apartment living facilities (hereinafter referred to as the “instant apartment”) that was newly built by the new housing construction (hereinafter referred to as the “new housing construction”).

B. On February 27, 2008, the Defendant purchased the instant land in the procedure for compulsory auction on the instant land and completed the registration of ownership transfer in the name of the Defendant on April 28, 2008.

C. On October 15, 2008, J, the representative director of the Plaintiff, applied for a compulsory auction on the instant apartment on official auction and applied for a compulsory auction on November 11, 2008 with respect to the said apartment, and filed a decision of compulsory commencement of auction on the said apartment on November 11, 2008 (hereinafter referred to as “the auction procedure for Daegu District Court E, etc.”), and the Plaintiff filed a report of the lien by asserting that the construction cost claim amounting to KRW 147,00,000,000 as the secured claim was filed at the auction procedure for the above Daegu District Court E, etc.

On the other hand, on November 13, 2008, the registration of preservation of ownership was completed in the name of new housing by entrustment of registration following the decision of compulsory commencement of auction procedure, such as Daegu District Court E, etc.

The apartment of this case was sold to EdiK Co., Ltd. (hereinafter “ESdiK”) on November 18, 2009 at the auction procedure, such as the said Daegu District Court E, and the registration of ownership transfer was completed on December 14, 2009.

E. A. SDR was the representative director of the Plaintiff and I Co., Ltd. (hereinafter “I”) on November 17, 2009, the day before the purchase of the instant apartment in the auction procedure, such as Daegu District Court E, etc.