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. The facts below the basis facts do not conflict between the parties, or are recognized by comprehensively considering the overall purport of the arguments in Gap evidence Nos. 1 to 6 and 35 (including each number, if any).

[1] On December 26, 1963, E completed the registration of ownership transfer with respect to the Seocho-gu Seoul Metropolitan Government Daehan 881m2, and around May 30, 1996, E contracted the construction of a building to F Co., Ltd. (hereinafter “F”).

According to the above contract, the building of 4th and upper 8th as stated in [Attachment] around January 4, 1999 (hereinafter “instant building”) was completed, and on January 27, 1999, the registration of preservation of ownership was completed in F name with respect to the instant building.

On May 16, 2003, F and E agreed to F to set up a collateral on the instant building in order to transfer the ownership of the instant building to E and to secure the claim for the construction cost.

In accordance with the above agreement, on May 17, 2003, the registration of ownership transfer was completed in the name E, E, from F, with respect to the instant building. On the same day, the registration of the creation of the right to collateral security of the debtor E and the maximum debt amount of KRW 1.2 billion (hereinafter “instant right to collateral security”) was completed in F’s name with respect to the instant building.

[2] From July 23, 2003 to January 19, 2006, for the second, third, fourth, and fifth floors of the building of this case, the registration of establishment of chonsegwon (hereinafter “the right to lease on a deposit basis”) with a deposit amount of KRW 50 million in the name of the 2nd, third, fourth, and fifth floors of the building of this case and the 2nd century consulting company and the 21st century Edd Co., Ltd. (hereinafter collectively collectively referred to as the “21st century”) was completed in sequence. The right to lease on a deposit basis (hereinafter “the right to lease on a deposit basis of this case”) with a deposit amount of KRW 40 million (hereinafter “the right to lease on a deposit basis of this case”) and the right to lease on a deposit basis of KRW 165 million (hereinafter “the right to lease on a deposit basis of this case”).

Then, on February 9, 2006, a deposit money for lease on a deposit basis under H’s name concerning part of the first floor of the instant building.