1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

1. Basic facts

A. The Plaintiff newly constructed the Guro-gu Seoul Metropolitan Government apartment (hereinafter “instant apartment”) and obtained approval for use on August 2007, and entered into a warranty insurance contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) on November 14, 2007 to guarantee the Plaintiff’s liability for repairing defects regarding the instant apartment within the scope of KRW 70,532,600, Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”).

B. However, the Defendant, as the 28 sectional owners of the instant apartment, filed a lawsuit against the Seoul Southern District Court 2009Kadan31899 on April 30, 2009 against the Seoul Southern District Court 2009Da31899, claiming damages in lieu of the defect repair regarding the instant apartment, and on May 28, 2009, filed an application for provisional attachment against the Plaintiff with the Suwon District Court 2009Kadan4147 on May 28, 2009 as the claim claim amounting to KRW 50,000,000 for the damages claim against the Plaintiff as the claim amounting to KRW 50,000,000, the provisional attachment was executed

(hereinafter referred to as “instant provisional seizure”). C.

On August 27, 2009, the Plaintiff deposited KRW 50,000,00 with the deposit money for the provisional seizure of this case as of August 27, 2009, and on September 1, 2009, the execution of the provisional seizure of this case was revoked on September 1, 2009 by Sungwon District Court 2009Kaga1348.

On the other hand, after going through a defective appraisal of the apartment of this case in the principal lawsuit between the plaintiff and the defendant, the above court rendered a ruling of recommending reconciliation on January 26, 201 that "the plaintiff and the Seoul Guarantee Insurance will pay a total of 65,000,000 won to each of the defendant and the appointed parties until February 28, 2011."

Although the Plaintiff raised an objection, the Defendant and the designated parties were fully paid KRW 65,00,000,000 from the Seoul Guarantee Insurance on February 28, 2011, which became final and conclusive between the Defendant and the Seoul Guarantee Insurance.

E. On January 17, 2012, the said court held the Plaintiff as the Defendant respectively.