1. Of the judgment of the court of first instance, the part against the Appointor that orders payment shall be revoked.

1. Basic facts

A. The Defendant is a reconstruction association formed for reconstruction of B houses located on the ground of land C (the instant land), J, K, L, M, and Ma, five parcels, including the area of 1,685 square meters (hereinafter “instant land”).

B. The Defendant’s members were 1/22 equity right holders of the above five parcels of land. From October 2000 to December 12, 200, the Defendant’s members decided to reconstruct an apartment building on each of the above parcels of land, and received a loan for moving expenses from the National Bank of Korea (Korea Housing and Commercial Bank Co., Ltd. prior to the modification, hereinafter “Korea Housing and Commercial Bank”) from the National Bank of Korea during the period from October 200 to December 2, 200, set up a right to collateral security of KRW 39,00,00

C. On January 12, 2002, the Defendant obtained the approval of the housing construction project plan from Chungcheongnam-si, and around January 12, 2002, on the ground of the above five parcels of land, the Defendant started construction work on the reinforced concrete apartment of 8th basements (22 households among the total 41 households, 19 households in general, and hereinafter “instant apartment”).

Around May 16, 2002, the members of the defendant's association have entrusted their respective 1/22 shares of each of the above lands to the defendant and completed their registration.

E. The instant apartment was completed on November 28, 2003, and the Defendant’s members occupied the said apartment around that time. Of the members, Nonparty E was 705, and Nonparty F was 503, respectively.

F. Meanwhile, as E and F failed to repay debts for the loans to the non-party bank, the portion of the instant land in trust to the defendant is above B.

Voluntary auction based on the right to collateral security stated in the claim was carried out, and the F Trust portion, G and H purchased each of the F Trust portion on December 22, 2006, G and H on February 9, 2007.

G. On April 19, 2007, the procedure for compulsory auction on the instant apartment Nos. 705 sold by E, to Jinwon District Court Sung-nam Branch I upon the application of Jinjin Construction Co., Ltd., a contractor, for the compulsory auction on April 19, 2007.