1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. (1) On March 14, 2003, the Plaintiff’s president C is an officetel in the name of children E and F on the ground of Guro-gu Seoul Metropolitan Government D (hereinafter “instant officetel”).

(2) On April 4, 2003, G Co., Ltd. (hereinafter “G”) entered into a contract for construction works with the content that the instant officetel construction works will be awarded KRW 2.65 billion of the construction cost to G Co., Ltd. (hereinafter “G”) upon delegation of the authority to proceed with all matters related to the implementation and performance of new construction works by E and F.

3) Meanwhile, on May 2, 2003, the Plaintiff’s apartment-type factory on the ground of four lots, such as Geumcheon-gu Seoul Metropolitan Government H (hereinafter “instant factory”).

(B) A contract for construction work was concluded with the owner of the instant officetel and the construction work of the instant construction work, which gave up KRW 2,120,965,00 of the construction cost. (b) On December 1, 2003, when the instant officetel and the construction work of the instant factory has deteriorated on or around December 1, 2003, when the financial standing of G increased, G promised to waive the instant officetel and the construction work of the instant factory under the owner’s security to borrow operating funds from a third party, and borrowed KRW 200,000 from the Defendant at the interest rate of KRW 5% per month.

On December 2, 2003, the Plaintiff completed the registration of creation of a mortgage consisting of the debtor G, mortgagee I, and maximum debt amount of KRW 300 million with respect to the instant factory site as security for the loan debt.

2) G, the Plaintiff, E, and F, after the completion of the registration of the establishment of a new mortgage, shall mutually settle down the instant officetel’s existing construction cost of KRW 1.122,345 million, and KRW 54,5320,000,000,000 paid to G by the owner of the instant plant, and KRW 65,8755,00,000,000 (including the amount paid at KRW 200,00,000,000,000,000) paid by the owner of the instant plant to G.