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. Facts of recognition;

A. On May 24, 2005, the company E (hereinafter “E”) purchased a P Condominium of the size of 15 stories above Won-si, Nowon-gu, Seoul, D, 4 stories above ground, and 15 stories above ground (hereinafter “instant Condominium”) and completed the registration of ownership transfer on the completion of the voluntary auction procedure.

B. In the above auction procedure, the E company asserted that there was a claim for construction cost of KRW 6.95 billion in the above auction procedure, and filed a lawsuit against F Co., Ltd. and the plaintiff et al. who possessed some households among the instant aggregate buildings for the said company, which reported the lien against several generations among the instant aggregate buildings, for which the name of the building was filed as Incheon District Court Branch Branch Office 2005Gahap4306 (hereinafter "related lawsuit"), and the E Co., Ltd., which purchased the instant aggregate building from E Co., Ltd. during the above lawsuit pending, participated in the lawsuit and won on December 1, 2006. While F Co., Ltd filed an appeal and appeal against the above judgment, the judgment of the first court on March 27, 2008 became final and conclusive as it is.

C. Meanwhile, the defendant, who is an actual operator of the E company and an employee of the E company, was in charge of the business related to the instant aggregate building, on March 24, 2006 where the lawsuit was pending in the above lawsuit, issued a cash custody certificate stating that "the defendant shall keep the amount of KRW 200 million until June 30, 2006 and will not pay it until then (hereinafter "the cash custody certificate of this case"), and on June 26, 2006, "the custody certificate of this case will pay KRW 30,000,000 as soon as the relevant lawsuit is completed" (hereinafter "the custody certificate of this case").

written and delivered Eul. [The facts that there is no dispute over the basis of recognition, Gap 1, 16, 17, 21, 23, and 35] Each entry and the purport of the whole pleadings.

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant's obligation to pay a non-agreement based on the custody certificate of this case is terminated on December 1, 2006.