1. The appeal by the defendant (appointed party) is dismissed;

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

1. Basic facts

A. On December 2003, the owners of the 11st unit of the aggregate building in Gwanak-gu in Seoul Special Metropolitan City, including the Plaintiff (hereinafter collectively referred to as the “Plaintiffs et al.”) decided to remove the building and reconstruct two multi-household houses composed of 18 households in the same place (hereinafter referred to as the “instant reconstruction loan”) around December 2003.

B. On December 2003, the Plaintiff et al. concluded a contract for reconstruction works with F, a construction business operator, and agreed on the payment of construction cost, members’ contributions, and preservation of ownership of reconstruction loan of this case as follows.

1) The plaintiff et al. completed the partitioned building of the total of 18 households, and the plaintiff et al. completed the divided building of the total of 11 households, and then the existing sectional owners have sold one household unit to preserve ownership, and the remaining seven households have completed the registration of transfer of ownership to a specific person designated by F in lieu of the payment of the remainder of the construction cost.

C. The reconstruction loan of this case was completed on or around September 2006, and the above B.

-2) A building listed in the attached Form No. 1 (hereinafter referred to as the “instant building”) among the seven households provided as payment in kind to F, such as the agreement of subsection (2).

On February 20, 207, the registration of initial ownership in the name of 11 members, including the Plaintiff, was completed upon entrustment of the registration of provisional disposition on February 20, 207. D. Defendant (Appointed Party) is a construction business operator who subcontracted the construction work of the reconstruction loan of this case and the appointed party D is the spouse of the Defendant (Appointed Party). Defendant (Appointed Party) has occupied and used the building of this case from June 27, 2007 to August 23, 2007. [The grounds for recognition: the fact that there is no dispute, evidence Nos. 1 through 5, evidence No. 1-1 through 2, each of the items of evidence No. 1-2, and the purport of the whole pleadings as a whole.

2. The parties' assertion and judgment

A. Determination on the cause of the claim 1.