1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. G and F completed the registration of ownership transfer as the receipt of No. 63296, Dec. 11, 2009, with respect to 1/2 shares among the lands listed in [Attachment List Nos. 2 through 6 (hereinafter “instant land”) on December 11, 2009, as to 1/2 shares, due to the sale on October 8, 2009.

B. H completed the transfer registration of ownership on June 2, 201 with respect to F share (the share No. 1/2 of the instant site) among the instant site as the receipt No. 25450, Jun. 3, 2011 by the same registry office on the ground of sale and purchase.

C. On July 6, 2011, the same registry office completed the registration of creation of a mortgage over the debtor G, the maximum debt amount of KRW 2.6 billion, and the first month agricultural cooperative, the mortgagee of the right to collateral security (hereinafter “mortgage-mortgage”). D.

On December 5, 2015, the auction procedure for the instant site was commenced on the basis of the instant mortgage (Seoul Central District Court C). The Plaintiff, who received a successful bid in the said auction procedure, completed the registration of transfer of co-owner’s share on the ground of sale due to the voluntary auction under Article 22370 of the same registry office on May 26, 2016.

E. Meanwhile, on August 13, 2010, F obtained permission to construct a building for the purpose of cultural and assembly facilities (e.g., exhibition halls and Class II neighborhood living facilities (public notification sources) on the instant site. On June 10, 2013, F changed the owner’s name to F from the Defendant. On August 8, 2014, the building indicated in the attached Table No. 1 (hereinafter “instant building”) was newly constructed and approved for use; and on September 24, 2014, the registration of ownership preservation in the Defendant’s name was completed as of September 24, 2014 by the same registry office as of September 24, 2014.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 4 (including each number), Eul evidence 5 and 8

2. The Defendant borrowed money from the Defendant due to the lack of new construction funds when F and G newly constructed the instant building on the instant land.