1. Revocation of a judgment of the first instance;

2. The plaintiff's successor's application for intervention shall be dismissed.

3. The plaintiff's request.

1. Basic facts

A. From around 2011, the Plaintiff (former trade name before the change: C, representative G at the time of the change) started a new urban-type residential housing construction project with the size of 1 stories underground and 9 stories above the ground level on the ground of 505.80 square meters in Busan Dong-gu, Busan. The project was discontinued due to the lack of funds.

(2) On February 7, 2013, H (former representative director) acquired all assets, such as the Plaintiff’s corporation and construction business license, from February 14, 2013, including the Plaintiff’s in-house director and the representative director, on the ground that the Plaintiff’s in-house director and the representative director were appointed as the Plaintiff’s in-house director and representative director.

I (the representative of the Defendant) received a proposal from H that “I will settle the amount of investment and profit after the completion of the building if it invests funds necessary for the instant project,” and takes charge of the role of exercising the instant real estate on a nominal basis, by acquiring the ownership of the instant real estate in order to secure this, and the actual affairs, such as the implementation and execution, were to be entrusted by H.

On May 6, 2013, the Defendant acquired the ownership of the instant land by acquiring the ownership from the instant building being newly constructed on June 30, 2013, and entered into a contract to entrust the remaining construction work to the Plaintiff on July 1, 2013. Around that time, H around that time, invested funds equivalent to KRW 400 million in total, including payment of KRW 42 million, which H would settle to G.

The instant building was completed on January 3, 2014, and the registration of ownership preservation was completed on April 5, 2014 after obtaining approval for use on February 3, 2014.

B. On August 20, 2013, the Defendant entered into a loan agreement with Busan Pharmaceutical Credit Union (hereinafter “Pharmaceutical Credit Union”) as security for the instant project site and building, and made a trust with the K non-real estate trust corporation as a trustee on September 16, 2013.