1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. After purchasing Jongno-gu Seoul, Jongno-gu, 624.2 square meters and L 53.1 square meters (hereinafter “each of the instant lands”) and completing the registration of ownership transfer on January 11, 199, P Co., Ltd. (hereinafter “P”) was established with its wife as its representative director for the purpose of conducting a new building construction project on each of the instant lands.

B. P, on September 18, 199, leased each of the instant lands from O to September 18, 1999, with a deposit of KRW 100 million, and entered into a pre-sale agreement with O on May 31, 2001 with regard to each of the instant lands at KRW 2.5 billion, and completed provisional registration of ownership transfer claim based on a pre-sale agreement with regard to each of the instant lands on the same day.

C. On October 25, 199 with respect to each of the instant lands, theO created, respectively, the National Bank of Korea Co., Ltd. (hereinafter “National Bank”), the maximum debt amount of KRW 3,120,000,000,000,000, and superficies with which the debtor P and the National Bank are the persons holding superficies. On October 28, 1999, theO created, respectively, Qu, the maximum debt amount of KRW 70,000,000,000,000,000,000,000,000,000,000,000,000

With respect to each of the lands of this case, ① A decision to voluntarily commence the auction on December 6, 2002 by a mortgagee Qu to U.S. Seoul District Court on December 6, 2002; ② A decision to voluntarily commence the auction on April 18, 2003 by a mortgageeR to Seoul District Court V on April 18, 2003; ③ A decision to voluntarily commence the auction on December 18, 2003 by a national bank of the mortgagee to the Seoul District Court was conducted.

E. P newly built on each of the instant lands “M” buildings with three underground and five above ground floors (hereinafter “the instant condominium”). On November 5, 2003, registration of preservation of ownership of the instant condominium was completed due to entrustment of registration of provisional disposition of prohibition of disposal, and the said condominium was on the aggregate building management ledger on January 3, 2004.