1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

1. Facts of recognition;

A. As of April 4, 1994, each land listed in paragraphs (1) and (2) of the attached Table Nos. 1 and (2) of the instant land was jointly owned by C (3/5 shares) and D (2/5 shares). The land listed in Paragraph (3) of the attached Table Nos. 3 was owned by C. As of the above date, the joint collateral mortgage (hereinafter “instant collateral security mortgage”) was created, which is a maximum debt amounting to each of the instant land, KRW 195 million, the debtor, C, an international mutual savings bank holding the right to collateral security (hereinafter “international mutual savings bank”), and an international mutual savings bank holding the right to collateral security (hereinafter “instant mortgage”).

(B) The right to collateral security on each of the lands of this case was established several times with C and D as debtor. (B)

The C's co-ownership or ownership of each land of this case was sold in sequence to E and the transfer registration of ownership was completed on April 27, 1995.

C. Meanwhile, on April 9, 1994, C obtained a building permit on each land of this case from the head of the Nam-gu Busan District Office, but revoked the building permit on October 4, 1994.

Nevertheless, on each land of this case, the construction of F loan 1 unit (hereinafter “instant building”) which is an aggregate building of 16 households in total on the 4th floor for the purpose of sale was conducted (the date of completion and completion of construction). However, according to the evidence No. 6-3, the address of the registered titleholder E on the land listed in the separate sheet No. 3 can be recognized as having changed on October 2, 1995 by FF loan 201, Nam-gu, Busan on April 10, 1997, on the ground that the address of the registered titleholder E on the land listed in the separate sheet No. 3 was changed on October 2, 1995. Thus, the building of this case seems to have been constructed at that time).

International mutual savings banks, based on the instant right to collateral security, filed an application for voluntary auction on each of the instant lands, and international mutual savings banks, upon successful bid on March 7, 2001, completed the registration of ownership transfer on March 19, 2001.

E. Our industry, Inc. (hereinafter “Korea industry”), is from international mutual savings banks, each of the instant land.