1. The plaintiff's appeal is dismissed.

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

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

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the allegations emphasized by the plaintiff in this court, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. Each of the instant mortgages in the Plaintiff’s assertion was formally set up only for each of the instant real estate buildings among the instant tenement houses, but was approved for use on August 28, 2014 for the said apartment houses, and the same year.

9.3. The land of this case was registered as the site of each section for exclusive use of the said apartment house in Namyang-si, Namyang-si (hereinafter “instant land”). Pursuant to the prohibition of separate disposal (Article 20) under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act”), each section for exclusive use of the said apartment house is subject to the disposition of each section for exclusive use of the said apartment house. Accordingly, each of the instant mortgages was a result of securing the ownership of the instant land.

Since the Defendant only built a new apartment house in this case, the subject of the right to claim mortgage under Article 666 of the Civil Act is limited to the apartment house in this case. Each of the instant mortgage contract is not only the apartment house in this case, but also the land in this case beyond the permissible limit under Article 666 of the Civil Act, and thus constitutes fraudulent act

Even if the Defendant performed the construction work on the site of the instant tenement house, the secured claim on the land or the site ownership should be limited to the construction cost of the land.

B. Considering the overall purport of the statements and arguments in Gap's 1, 3, 6, 13 and Eul's 8 through 11 (including each number), the defendant completed the construction by being awarded a contract with the construction work for the land of this case, and the land of this case is the ownership in the register as to each section of exclusive ownership of the apartment house of this case, including the real estate of this case.