1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. FG was co-owners of the Icheon-gu H. 90.9 square meters and 94.3 square meters (hereinafter collectively referred to as the “instant land”). On November 2, 2009, FG borrowed the instant land from the World Credit Union (hereinafter referred to as the “Credit Union”) and completed the registration of creation of a mortgage (hereinafter referred to as the “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-gu) with respect to the instant land at KRW 325,00,000.

B. On April 7, 2010, the Plaintiff planned to newly construct multi-household housing on the instant land, and entered into an agreement on multi-household housing business (hereinafter “instant agreement”) with FG, including the content that the Plaintiff acquires all remaining sales proceeds, by bearing all the project costs excluding KRW 2,000,000, out of the construction and civil engineering design costs, and constructing multi-household housing, and paying KRW 288,00,000,00, which is the first priority from the sales price to the sales price of the instant land.

C. According to the instant agreement, the Plaintiff newly constructed one multi-household house on the ground of the instant land at the Plaintiff’s effort and cost, and did not obtain approval from the competent authority for use, thereby failing to obtain registration of ownership preservation and normal sale.

On January 2013, the New Cooperative applied for the commencement of auction of real estate in the name of the instant land and the relevant multi-household house pursuant to Article 365 of the Civil Act (Seoul High Court Decision 2013Ma5659) based on the instant right to collateral security, and accordingly, on May 1, 2013, the voluntary decision on commencement of auction was rendered, and each of the buildings listed in the separate sheet (hereinafter “each of the instant buildings”) in which divided ownership among the above multi-households can be divided among the above multi-households (hereinafter “each of the instant buildings”) was completed at the same time as the registration of voluntary decision on commencement of auction was completed in the name of FG, a person who is the building permit holder.

(hereinafter “instant auction procedure”). E.