1. The defendant's appeal is all dismissed.

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

3. The judgment of the court of first instance is subject to paragraph (1).

1. Basic facts

A. Basic factual basis 1) The Defendant’s project to remove the above tenement house and reconstruct the apartment house on the site by the sectional owners of the housing B located in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant project”).

(2) The Defendant was entrusted with co-ownership shares in the instant land from August 2003 to April 2008, and completed the registration of transfer of each share in the Defendant’s name as the reason of each of the above trusts.

3) The Defendant is the J apartment on the instant site (hereinafter “instant apartment”).

A new construction was made. The defendant's creditor of the Dongyang Timber Industry Co., Ltd. (the subcontractor of the reconstruction project of this case).

hereinafter referred to as the "Dong Timber Industry Bank"

According to the commission of the registration of provisional attachment or provisional disposition, etc., each part of the apartment of this case listed in paragraph (2) of the attached Table 3 among the apartment of this case from December 27, 2007 to February 20, 208 (hereinafter “each section of exclusive ownership”) shall be referred to as “each section of exclusive ownership” of this case.

(4) On December 23, 2010, the Defendant’s members held a general meeting on each of the instant sections of exclusive ownership and decided to enact the following rules.

Article 1 (Purpose) B reconstruction Housing Association, which is an implementer, shall transfer all of the land in proportion to a certain portion to the members and the general buyers of the instant site trusted in the name of the partnership.

b. The indication of one building that belongs to the section for exclusive use owned by the sectional owners under Article 2 (1) is as shown in the annexed Table 1 (No. 1) (No. 1).

Article 4 (Ratio of Right to Use Site) The ratio of the right to site to the land according to the section for exclusive use which belongs to the building under Article 2 shall be as shown in the attached Table 2 (No section for exclusive use shall be written in the area).

(b).