1. The plaintiff's claim is dismissed.

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

Basic Facts

On August 3, 2011, the Plaintiff entered into a contract with C Co., Ltd. (hereinafter referred to as “Nonindicted Company”) to construct a new building listed in the separate sheet (hereinafter referred to as “instant building”) and carried out the construction of the instant building.

However, as the Plaintiff failed to receive the construction cost from the non-party company, the Plaintiff filed an application for the payment order against the non-party company and D, which is its joint guarantor, with the Jeju District Court 2012 tea748, and the above court issued the payment order on December 3, 2012 to the effect that “The non-party company D jointly and severally with the Plaintiff, shall pay the Plaintiff KRW 1,337,06,709 and delay damages therefor,” and the above payment order was finally finalized on January 8, 2013.

(A) The Plaintiff’s claim against D following the above payment order (hereinafter “instant claim”). At the same time, registration of ownership preservation has been completed in the name of D on March 14, 2014 with respect to the instant building, and at the same time, the procedure for compulsory auction by official auction (hereinafter “instant procedure for compulsory auction”) has commenced for the Gwangju District Court Maritime Court E to support the Namnam branch. The Defendant was awarded the instant building on March 2, 2016 and completed the registration of ownership transfer in the name of the Defendant on May 16, 2016 after receiving the bid of the instant building on the said compulsory auction procedure.

On May 23, 2014, the Plaintiff reported a lien on the instant building with the instant claim as a preserved bond during the compulsory auction procedure of the instant case.

On October 4, 2016, the Plaintiff applied for a voluntary auction on the instant building owned by the Defendant based on the above-reported lien, and received a voluntary decision to commence the auction from the Gwangju District Court, Gwangju District Court Maritime BranchF on October 24, 2016.

(2) On the other hand, on November 30, 2016, the Defendant filed a lawsuit against the Plaintiff seeking confirmation of the absence of a lien on the instant building by the Gwangju District Court 2016Gahap3588, and the said court on January 31, 2018.