1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

The plaintiff's lawsuit against the defendant is serious.

1. Basic facts

A. Construction permit of the instant building, construction work of the instant building, and suspension 1) D is the land E and seven parcels (hereinafter “instant land”) in Gyeyang-si, one of which was located in the name of the company owned by himself/herself and Dong bank interest business.

(B) On January 11, 1990, Codefendant B Co., Ltd. (hereinafter “B”) of the first instance court on January 11, 1990 in order to construct a studio 5th and 20th above ground-ground officetels building.

The plaintiff appealed against B, but both parties failed to apply for the designation of the date within one month, and the plaintiff's appeal against B was concluded as the withdrawal of the date.

D) On January 20, 1990, in order to secure the payment of the construction cost claim under the above construction contract, D made a mortgage on the land of this case to B. 2) A reported the commencement of construction on May 25, 1990, and obtained a construction permit from the global market on July 26, 1990.

(The details of the building permit are as shown in Attachment 2. The building permit referred to as the “instant building permit” and the right under the building permit of this case is referred to as the “instant building permit”). B around May 25, 1990, around May 25, 1990, started construction work of the building and started construction work of the above building and started construction work of the underground from the 5th to the 1st underground floor, and did not receive the construction cost, the construction was suspended around October 192 (the state of the building at the time the construction is suspended as described in Attachment 1).

As above, the building whose construction has been interrupted is “the instant building”

B. B on September 17, 2004, B filed an application for voluntary auction of the instant land based on the foregoing right to collateral security (The Daejeon District Court SupportF) and the said court rendered voluntary auction decision on September 20, 2004 on September 20, 2004 on the instant land.

(hereinafter the above auction procedure is referred to as “instant auction procedure”). 2.