1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is one of the parties.

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the case being used for the following modifications: therefore, the exemption pursuant to the main sentence of Article 420 of the Civil Procedure Act shall be quoted as it is. [2] Whether the exemption pursuant to Article 485 of the Civil Act is granted or not, in case where there is a person who acts as a legal subrogation pursuant to Article 481 of the Civil Act, and the obligee's intentional act or negligence is lost or diminished, the subrogation right holder shall be exempted from his obligation to the extent that it cannot be repaid due to the loss or reduction of the security. The "security" here refers to personal or physical security to secure the principal obligation. The typical example of the loss or reduction of the security refers to the act that the obligee is exempted from the obligation of the guarantor, waiver of the order of physical security or change the order of priority, or damage or return the security.

(2) In light of the above legal principles, the building of this case is merely the property of the non-party company, but the non-party company established and held the right to collateral security in the name of the plaintiff in the building of this case upon completion of the construction of the building of this case, and thus, the building of this case also constitutes a "mortgage" as stipulated in Article 485 of the Civil Act.

However, in order for the Defendant to claim exemption under Article 485 of the Civil Act, the security should be lost or reduced by the Plaintiff’s intentional or negligent act as the obligee. However, the following circumstances are as follows: (a) evidence No. 4 and No. 1; and (b) evidence No. 4 and evidence No. 1; and (c) witness D’s testimony.