1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Facts of recognition;

A. On January 12, 2002, the Defendant, a reconstruction association organized for reconstruction of B’s housing, commenced construction works on the ground of five parcels, including the land of 1,685 square meters (hereinafter “instant land”) located on the ground of 1,685 square meters (hereinafter “instant apartment”). The Defendant started construction works on the 8th underground floor reinforced concrete apartment of the 1st underground floor (22 households among the total 41 households, 21 households, and 19 households in general among the total 41 households, and hereinafter “instant apartment”).

B. Around May 16, 2002, the members of the Defendant’s association entrusted their respective shares of each of the above lands to the Defendant and completed their registration.

C. The apartment of this case was completed on November 28, 2003, and E among the defendant's members, and F was sold in lots by 705, and 503.

On the other hand, F, based on the right to collateral security established on December 27, 200 on the part of the instant land, which was trusted by F, to the Defendant, the voluntary auction procedure was commenced by Suwon District Court Sungnam Branch Co., Ltd. (hereinafter “Sast”) on December 22, 2006. On May 15, 2008, F, purchased F’s trust share in the above auction procedure, and the Plaintiff purchased 30.575/1685 shares out of the instant land (hereinafter “the instant transfer share”).

7.2. Completion of the registration of ownership transfer.

E. In addition, with respect to the instant apartment building 705 sold by E, on April 19, 2007, the procedure for compulsory auction was commenced as Suwon District Court's Sungnam Branch I pursuant to the application for Jinnam Branch Construction Co., Ltd., a contractor, and on the same day, the registration of preservation of ownership in the name of the defendant was completed at the commission of the execution court. On April 10, 2008, the plaintiff purchased the instant apartment building 705 at the above auction procedure and completed the registration of ownership transfer on April 11, 208.

F. The Plaintiff asserted that the ownership of the apartment of this case 705 was acquired in the above compulsory auction procedure, and that he also acquired the right to use the site for the section for exclusive use. On January 15, 2010, the Defendant was Sungwon District Court Sung-nam Branched 2010dan1790.