2. After an appeal is filed.

A. On August 200, the Defendant was established for the purpose of rebuilding commercial buildings in a customary market called “A market,” which was on the ground of Seocheon-gu, Seocheon-gu, Seocheon-gu (hereinafter “instant land”).

B. On August 18, 2001, the Defendant ordered C Co., Ltd. (hereinafter “C”) to construct a new construction of a main complex building with the fourth underground floor and the fourth floor above the ground (hereinafter “instant building”) on the ground of the instant land (hereinafter “instant construction”) on August 18, 2001.

(hereinafter referred to as the “instant construction contract”). C.

The main contents of the instant construction contract are as follows.

1) C changed the Defendant into KRW 4.1 billion (4.15 billion after the prosecution) in terms of the relocation expenses (partnership expenses).

A) The Defendant lent the instant building to C, and C does not return it to C. However, if the building is completed and the remainder of the building except the shares of the Defendant’s association members is sold to the general public, C shall recover the expenses and construction cost incurred in relation to the instant construction contract, such as the aforementioned relocation expenses and incidental expenses, from the sale price. 2) However, if the instant construction contract is terminated or cancelled, the Defendant shall return the borrowed money to C. In order to secure the claim for repayment of the said relocation expenses (partnership expenses) and the Defendant shall set up a collateral security right, the maximum debt amount of which is equivalent to 150% of the said relocation expenses, as to the instant land, to C.

On September 28, 2001, the Defendant completed the registration of the creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the portion of 1070.29 percent of the instant land trusted to the Defendant from the members of the association up to September 29, 200, which was KRW 6.95 billion with the maximum debt amount.

Since then C borrowed the work price from the Seocho-dong Saemaul Treasury, and on March 26, 2004, it borrowed the right to collateral security of this case to the Seosan-dong Saemaul Treasury. < Amended by Act No. 7189, Mar. 24, 2004>