1. The plaintiff's claim is dismissed.

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

Basic Facts

On October 13, 200, F, G lent KRW 130,000,000,000 as the construction cost of the instant building to the continental industry construction corporation (hereinafter referred to as “non-party company”) that was the owner of the building listed in paragraph (2) of the attached Table No. 1 of the Real Estate Indication Claim No. 1 (hereinafter referred to as “instant land”).

At the time F and G agreed to register F and G as the co-owner of the instant building for the purpose of securing the above loan claim, but the non-party company repaid the above loan before the registration of preservation of ownership of the instant building was completed, and agreed to F and G to set up a collateral security right on the instant building if not performed.

H around November 200, around 200, lent to the non-party company a loan after deducting KRW 100 million as the construction cost of the building of this case, and a three-month interest rate.

At the time, H decided to register H as the co-owner of the instant building for the purpose of securing the above loan claim. However, the non-party company agreed to pay the above loan prior to the completion of registration of preservation of ownership on the instant building, and to set the right to collateral on the entire fourth or sixth floor among the instant building if the non-party company did not perform the loan, and to set the right to collateral on the fourth or sixth floor among the instant building.

After that, H set forth a total of KRW 70 million from December 6, 2000 to January 2, 2001 to the non-party company at the rate of 5% per month.

A registration of preservation of ownership in the name of F, G, and H has been made on November 18, 200 in accordance with each of the above security arrangements, F, G, and H were registered as the owner of the building permit for the instant building jointly with the non-party company.

Before April 2, 199, the non-party company entered into a contract for the new construction of the building of this case with 4.94 billion won in the construction amount, and accordingly, most of the buildings of this case were constructed around 2001.