1. The Defendant’s KRW 37,381,211 as well as 5% per annum from February 10, 2017 to September 25, 2017 to the Plaintiff.

1. Basic facts

A. Nonparty Han-gu Construction Co., Ltd. (hereinafter “Korea-do Rental Construction”) is a company that newly constructs and sells a 345-dong unit C apartment house (hereinafter “instant apartment house”) on the 7-dong unit 345 unit on the ground of Han-gu Han-si B (hereinafter “instant land”). Nonparty Sungwon Construction Co., Ltd. (hereinafter “Sewon Construction”) is a contractor that received a contract for the instant apartment construction from Han-gu Rental Construction.

B. On November 29, 2006, Han Lending Construction was issued by the Non-Party Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”), and entered into a housing sale trust agreement on the instant land and the instant apartment to be constructed on its ground. On February 23, 2012, the registration of ownership in the name of the Housing Guarantee was made on the instant land.

C. As the construction of the instant apartment was delayed about about 10 months due to the shortage of funds, etc., part of the buyers of the instant apartment as the right to the refund of the sale price due to the cancellation of the sale contract, which was the right to be preserved. On September 15, 2009, the registration of preservation of ownership was completed in the name of Hanwon Construction with respect to the whole section of exclusive ownership of the instant apartment, and the registration of provisional seizure was completed. On February 23, 2010, Suwon District Court D with respect to the said section of exclusive ownership, the compulsory auction procedure was conducted upon the decision of compulsory

(hereinafter “instant compulsory auction”). D.

On February 26, 2010, the Korea Housing Guarantee determined that the instant apartment sales contract cannot be performed with respect to the instant apartment site, and the guaranteed accident occurred. On April 24, 2010, the seller selected the implementation by the method of implementing the housing sales guarantee and refunded the sales price to the buyer from May 25, 2010 to February 14, 201.

E. Meanwhile, in the auction procedure of this case, the auction court stated that the sale of the building is "sale of the building only" in the remarks column of the sale object, and Nonparty E is the case.