1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1.The following facts may be acknowledged respectively by integrating the overall purport of the pleadings (including significant facts in this court) in each entry in Gap evidence 1, 2, and Eul evidence 1 to 6 (including each number), unless there is a dispute between the parties, or by integrating each entry in Gap evidence 1, 2, and Eul evidence 1 to 6.

On March 11, 2005, Hyundai Cement Co., Ltd. (hereinafter referred to as “Modry cement”) completed the registration of creation of a neighboring mortgage with respect to the land owned by D on March 11, 2005, the debtor, who is not a party to the instant partition, with the amount of money equal to KRW 100,000,000 (hereinafter referred to as “the land prior to the instant partition”).

B. On February 27, 2006, E completed the registration of ownership transfer with respect to 826/1,230 shares out of the land before the instant partition, while F completed the registration of ownership transfer with respect to 404/1,230 shares out of the land before the instant partition on the same day. Accordingly, land before the instant partition was owned jointly by E and F.

C. Meanwhile, on May 23, 2006, the registration of the establishment of a neighboring cement, which was completed in the name of Hyundai Cement, on the land before the instant partition, was corrected as to F’s share 404/1,230 out of the land before the instant partition.

(hereinafter) The registration of the establishment of a neighboring mortgage was made before and after the correction of the foregoing establishment registration and the registration before and after the division of the land in this case, and was made as the registration of the establishment of a neighboring mortgage in this case.

B. On January 5, 2007, the Defendant entered into a sales contract with E with respect to the purchase price of KRW 200,000,000 for a specific portion of the land prior to the instant partition (limited to the instant portion of land) (the contract amount of KRW 20,000,000 for loans of KRW 110,000,000 for loans, succession of KRW 110,000 for part payments of KRW 10,000 for part payments of January 9, 2007, and payment of KRW 60,000 for remainder payment of September 5, 2007), and the said sales contract included the following special provisions.

1. A written consent to the use of land by 404/1,230 of the F Shares (H. Road; if it is necessary to obtain permission, the seller shall give his/her consent to the use);

2. The new bank Sog-gu branch, E maximum debt amount of 143,00.