1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. Basic factual basis 1) The Defendant is a reconstruction association established by the sectional owners of the said apartment house in Yangcheon-gu Seoul Metropolitan Government D to remove the said apartment house and build new apartment units on the site thereof (hereinafter the above purpose of business is referred to as “instant reconstruction project”).

(2) From August 2003 to April 2008, the Defendant was entrusted with co-ownership shares of 9,261m2 in Yangcheon-gu Seoul Special Metropolitan City D Forest land (hereinafter “instant site”) from the Defendant’s members and completed the registration of transfer of each share in the Defendant’s name on the ground of the said trust.

3) The Defendant is an apartment building E on the ground of the instant site (hereinafter “instant apartment”).

A new construction was made. The defendant's creditor of the Dongyang Timber Industry Co., Ltd. (the subcontractor of the reconstruction project of this case).

hereinafter referred to as the "bred timber industry"

In accordance with the commission of the registration of provisional attachment or provisional disposition, each section for exclusive use listed in paragraph (3) of the list of real estate in attached Form 3 among the apartment of this case (hereinafter “each section for exclusive use in this case

(4) On December 23, 2010, each registration of ownership preservation under the name of the Defendant was completed between December 27, 2007 and February 20, 2008. However, the registration of the right to a site of each of the instant sections of exclusive ownership was not completed. (4) The Defendant’s members decided on December 23, 2010 to enact the following regulations at the general meeting.

Article 1 (Purpose) The Crebuilding Housing Association, which is an implementer, shall transfer all of the land according to a certain share to the members and general buyers of Yangcheon-gu Seoul Metropolitan Government D large 9,261 square meters trusted under the name of the association.

b. The indication of one building that belongs to the section for exclusive use owned by the sectional owners under Article 2 (1) is as shown in the attached Table 1 list (the "mark of the real estate register" refers to the location number and the details of the building).

Article 4 (Ratio of Right to Use Site) The ratio of the right to a site to the land according to the section for exclusive use which belongs to the building under Article 2 shall be classified by the section for exclusive use in attached Form