1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. Application for intervention by the independent party of this case

1. Basic facts

A. The Defendant’s claim and collateral security transfer background 1) Plaintiff (a company with the Gomun Integrated Construction Co., Ltd. on Dec. 6, 2006, with the development of item industry, and another company as of July 4, 2013.

) The New Housing Construction Co., Ltd. (hereinafter referred to as “New Housing Construction”) is an executor on November 30, 2006.

B) The construction cost as KRW 5.26 billion is set at KRW 5.2 billion and, in Changwon-si, C Apartments (hereinafter “instant apartment”) on the nine and nine parcels, Changwon-si.

60 households entered into a contract for new construction works, and on December 22, 2006, D Co., Ltd. (hereinafter “D”).

2) As to the construction cost of equipment and gas among the construction cost as above, D had awarded a subcontract for the construction cost of KRW 400 million, and D thereafter had the trade name of “E” (hereinafter “Dn industry”).

A) On April 207, the Plaintiff issued to D a statement of the per unit (hereinafter referred to as “instant statement of unit number”). Around May 2007, a promissory note (hereinafter referred to as “instant promissory note”) with a face value of KRW 65 million was issued to D, and around May 2007, a promissory note with a face value of KRW 40 million was issued to D (hereinafter referred to as “instant promissory note”).

D The instant promissory note and the instant promissory note were transferred to F by endorsement to F. The F re-endorseed and transferred the instant note and the instant promissory note to D on April 9, 2007, and on May 28, 2007, respectively.

3) However, upon the refusal of payment on September 27, 2007, when the schedule of the unit of this case, which had been owned by the Lnn industry, was due, the Plaintiff issued a promissory note (Evidence B No. 6) with the face value of KRW 65 million on October 9, 2007 instead of returning the schedule of unit of this case from Lnn industry, and ② on October 8, 2007, new housing construction was issued with the F on October 8, 2007, with regard to the instant apartment 204, the Plaintiff was a collateral security (hereinafter “mortgage”) with regard to the debtor’s new housing construction, the maximum debt amount of KRW 676 million with respect to the instant apartment.

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