Defendant B and Defendant B (Counterclaim Plaintiff) C are Defendant C.

A. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant building”), and the Defendant C operates the artificial park construction business under the trade name “D,” and the Defendant B operates the artificial park construction business along with the Defendant C, with the attachment of the Defendant C.

B. The Plaintiff, as the owner of the instant building, was introduced the Defendant B, the construction business operator, as the owner of the instant building, for the purpose of the use of the ground 1 and 2 for the purpose of amusement facilities, and for the purpose of the mutual lodging facilities, namely, “Innnn” the ground 1 and 2 of the instant ground 1, while using a single-story house for the purpose of housing.

C. On November 25, 201, the Plaintiff concluded a construction contract with the Defendants to remodel the instant building into multi-family housing equipped with nine studios (hereinafter “instant contract”). On November 25, 201, the Plaintiff paid KRW 25,000,000 as down payment to the Defendants.

After completing the construction of the instant building on January 5, 2012 and around February 2, 2012, the Defendants attempted to change the purpose of the instant building into a multi-family house through the F architect office. However, the parking lot area necessary to change the instant building to a multi-family house under relevant statutes is a site where the total eight vehicles can be parked, and the parking lot area of the instant building is currently the same as the parking lot area of the instant building can be parked to the extent that it is possible to park to the extent of four vehicles, and thus, did not change the purpose of use to secure the parking lot area

E. At present, the Defendants currently possess 180.27 square meters on one floor, 165.54 square meters on two floors, and 48.0 square meters on a single-story house (hereinafter “the part on the ground of this case”) among the instant buildings.

F. Meanwhile, the Seoul Guarantee Insurance Co., Ltd., a creditor against the Plaintiff, filed an application for compulsory auction of the instant building and its site on September 22, 2014 to the District Court J.