1. The part of the judgment of the court of first instance against the principal lawsuit shall be revoked.

2. The plaintiff (Counterclaim defendant)'s primary claim is dismissed.

3.

1. Basic facts

A. On June 23, 2014, the Plaintiff is a project proprietor who obtained the approval for modification of the housing construction project plan for the project site B in Busan-gu, Busan-gu (hereinafter “instant project site”); and the Defendant is a landowner of the instant land included in the said project site.

B. 1) C on November 9, 2004, the instant land and its ground boomed 34.65 square meters (hereinafter “instant building”), and the instant land and the instant building, collectively; hereinafter “each of the instant real estate” is referred to as “each of the instant real estate.

On April 27, 2007, the Defendant acquired ownership. On the same day, the Defendant entered into a pre-sale agreement with C on each of the instant real estate, and on the same day, the provisional registration of the right to claim ownership transfer based on the said pre-sale agreement (hereinafter “provisional registration of this case”).

(2) On March 7, 2012, D received a decision of provisional seizure (Seoul District Court Decision 2012Kadan597, 300 million won) regarding the right to claim ownership transfer based on the provisional registration of this case on March 7, 2012, and accordingly, on March 28, 2012, D registered the entry of the provisional seizure (hereinafter “registration of provisional seizure of this case”).

3) On July 2, 2014, the Plaintiff filed against C on July 2, 2014, the former Housing Act (amended by Act No. 14344, Dec. 2, 2016; hereinafter “Housing Act”).

) While exercising the right to demand sale under Article 18-2, a lawsuit seeking the implementation and delivery of the procedure for the registration of ownership transfer of each of the instant real estate was brought to the Busan District Court 2014Da226686.

As C did not submit a written response in the above lawsuit, the Busan District Court sentenced the plaintiff's winning judgment on October 16, 2014 without going through the oral proceedings.

The plaintiff made the above judgment as the executive title, and the original of the judgment was served by public notice to C, and was treated as final and conclusive according to service by public notice.

With respect to each of the instant real estates on December 23, 2014.