1. The plaintiff's appeal and the claim extended and added in the trial are all dismissed.

2. After an appeal is filed.

1. Basic facts

A. 1) The plaintiff, D (the wife of the plaintiff), and C (the plaintiff et al. collectively referred to as "the plaintiff et al.").

around 1994 (hereinafter referred to as “dusan Construction”)

2) The Plaintiff borrowed approximately KRW 6 billion from the Plaintiff and borrowed approximately KRW 6 billion and then borrowed KRW 4530.2m2m2, Jung-gu, Daegu (hereinafter “Before subdivision”).

(B) The Plaintiff et al. concluded a contract for the construction of the above main apartment complex with the two construction on April 25, 1994 and completed the registration of ownership transfer in the name of the Plaintiff (3/10 shares), D (2/10 shares), and C (5/10 shares) with respect to the land before subdivision on July 14, 1994.

(A) Evidence No. 1 1.b.

1) The construction discontinuance of the construction work of the two mountain construction and the construction work of the construction materials of this case are laid underground) the construction work of the two mountain construction from June 26, 1995 to February 28, 1996 is the construction work of the ground-breaking and soil-breaking among the construction work of the two main apartment complexes (hereinafter referred to as the “construction work of this case”).

A) However, around March 196, the instant construction was suspended under the state of approximately KRW 9.45% of the base ratio and approximately KRW 5.7 billion of the base cost on the ground that “the project outlook is unclear.” 2) At the time of subdivision, two mountain construction was installed for the instant construction work on the underground, and there was underground structures, such as earth walls, etc. consisting of construction materials such as H-PPE (H-ILE), luxor (STRUT), and belts (hereinafter “instant construction materials”).

(A) The head of Daegu-gu Seoul-gu Office ordered the Plaintiff, etc., etc., to take safety measures against the construction site on several occasions, as there is a risk of accidents, such as collapse, etc. due to the interruption of construction for a long period, and the Plaintiff, etc. and the two mountain construction on February 12, 199 (3 years from the date of the discontinuance of construction) and the cost of the two mountain construction, at the expense of the two mountain construction.