1. Of the judgment of the court of first instance, the part against the defendant B regarding the plaintiff's claim against the defendant B shall be revoked.

1. Facts of recognition;

A. 1 New construction of Defendant C’s multi-household house) Defendant C around April 2001, the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter “head of Seodaemun-gu”).

3) The land listed in attached Form 1 owned by Defendant C (hereinafter “instant land”).

(2) Around July 2001, Defendant C filed an application with the head of Seodaemun-gu for a construction permit to newly build the fourth multi-household housing (multi-household housing 6 households, 101, 201, 202, 301, 302, and 401). Around April 27, 2001, Defendant C received a construction permit (Evidence 1-6, 1-2, 201) (Evidence 6, 201, 201, 202, 301, 302, and 401) on the instant land to newly construct the fourth multi-household housing (multi-household housing 5 households, 5 households, 201, 302, 302, and 401) on the instant land, and obtained a construction permit to change on July 27, 2001.

(A) A. (No. 4, B. 3) Defendant C’s multi-household housing (hereinafter “multi-household housing in this case”) on the land of this case on or around September 2001 by attached Form 1, around September 2001.

(B) The construction of the new building was completed. Unlike the construction permit, the approval of the use was not obtained from the head of Seodaemun-gu on the wind of expanding the section of exclusive use No. 101 without permission from the head of Seodaemun-gu, and the registration was not made on the aggregate building ledger (No. 1-5). (b) The Plaintiff’s multi-household housing site purchase 1) Defendant C concluded a mortgage agreement with the Hanhee Saemaul Depository on July 23, 2002 and the land of this case on July 24, 2002 by concluding the mortgage agreement with the mortgagee, the Defendant C, the debtor C, the maximum debt amount of 70,000,000 won.

(A) On December 1, 2003, Defendant C entered into a mortgage agreement with the Shee Saemaul Depository, Defendant C, the maximum debt amount of 28,000,000 won with respect to the land of this case, and registered the establishment of a mortgage on December 1, 2003 (Evidence A 1) on October 13, 2005 at the request of the creditor J. 13, 2005 (Seoul Western District Court G), and the compulsory auction procedure for the land of this case was commenced on October 13, 2005 (Seoul Western District Court G), and on the application of the Shee Saemaul Bank, the mortgagee, the right to collateral security, on January 2, 2006.