1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. C newly constructed a multi-unit building (hereinafter “multi-unit building of this case”) which is an aggregate building consisting of each of the sections listed in the attached Table 1 through 16 in the attached Table Nos. 1 to 16 (hereinafter “each of the buildings of this case”) on the ground of the 4,070 square meters in Suwon-si, the E large 40 square meters, the E large 40 square meters, and F-road 22 square meters (hereinafter “instant land”).

B. C around July 20, 2002, purchased the instant land and gave a contract for the new construction work of the instant tenement building to the High Comprehensive Construction Company (hereinafter “Instigious Construction Company”).

C. During the process of performing the instant construction, in around February 2004, the construction was suspended due to the shortage of funds. At the time of the discontinuance of the said construction, the instant apartment house building completed the structural construction at a construction rate of 70% and left behind.

C around April 204, in order to prepare the construction cost of the building suspended above, borrowed money from the creditors of non-party H and five (hereinafter "creditors"), and completed the registration of ownership transfer with respect to the land of this case on April 6, 2004, according to C 381.25/4140 shares, and I25.75/4140 shares, and with respect to each share of the above C and I as collateral security holders, the registration of ownership transfer was completed on April 6, 2004 with respect to each share of the above C and I as collateral security holders, the Suwon District Court's registry office of the Suwon District Court as the registration of establishment of mortgage was completed on April 6, 2004 as the beneficiary No. 45524.

(hereinafter) Of the above, H’s right to collateral security (hereinafter “instant right to collateral security”) is E.

On the other hand, C kept the documents related to the certificate of personal seal impression, etc. necessary for establishing provisional registration so that creditors may establish provisional registration with respect to the land of this case and each building of this case as security for the above borrowed money, and the above creditors kept the documents kept by C as above with respect to the land of this case as provisional registration No. 5194, Apr. 14, 2004, respectively.

(f).