1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the following amount exceeds the amount ordered to be paid (Counterclaim Plaintiff).

Basic Facts

The Seo-gu Daejeon District Office B Miscellaneous District 2309m2 (hereinafter “instant site”) was owned by C.

On October 2, 1999, the head of the Seo-won bus stop Co., Ltd. newly constructed a building of the first and seventh stories underground (hereinafter “instant building”) on the ground of the instant site, with the permission of construction from the head of the Seo-gu Daejeon Metropolitan City, Daejeon, and started construction work around that time.

On April 28, 2000, regarding the site of this case, the right to collateral security, which is the debtor D, the mortgagee D, the mortgagee of the right to collateral security, was established.

On August 22, 2000, C&D Co., Ltd. acquired the construction of the building of this case from the head of the land sub-brising bus sub-brising station Co., Ltd., and changed the name of the owner and carried out construction.

D. As to the site of this case

The auction based on the right to collateral security was initiated, and on October 26, 2001, Won-Ui shopping Co., Ltd. was awarded a successful bid on the instant land.

Suwon shopping Co., Ltd. set the maximum debt amount of 3.450,000,000 won for the same day, the debtor's original economic shopping, the collateral security and the maximum debt amount of 4.50,000,000 won which are the mutual savings and finance company promoting the mortgagee, and the debtor E-mortgage and the mutual savings and finance company promoting the mortgagee.

In addition, the owner of the building in this case was the owner of the building in this case on October 29, 2001.

on March 23, 2002, Won-si shopping, Inc., decided to transfer the building and land of this case to DNA Co., Ltd. (Seoul, Inc., Ltd., but its trade name was changed; hereinafter “ADC”).

Accordingly, ENC completed the registration of ownership transfer on the instant building site on March 25, 2002, and on March 26, 2002, ENC became the owner of the instant building as the owner of the instant building.

On October 2, 2002, ADC obtained approval for the use of the instant building on October 2, 2002. Accordingly, ADC’s building ledger was prepared on October 6, 2002 and completed on October 8, 2002.