1. The part against the defendant in the judgment of the first instance is revoked, and the plaintiff's claim against the defendant is dismissed.

2...

1. Basic facts

A. The Plaintiff secured the right to use 95.022% of the project site area of this case in order to implement the business of constructing a new apartment unit on the land outside Busan Seo-gu D and 504 lots (hereinafter “instant project site”).

B. On April 12, 2013, the Plaintiff obtained the approval of the housing construction project plan under Article 16(1) of the Housing Act from the Busan Metropolitan City head with respect to the construction of multi-family housing (multi-family housing) with 14 Dong 1,335 units on the ground of the instant project site, and the said approval was publicly notified on the same day.

C. On October 31, 2013, the Defendant acquired ownership of the real estate indicated in the separate sheet (hereinafter “instant real estate”) included in the instant project site. On November 1, 2013, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”) and the registration of the establishment of a neighboring mortgage amount of KRW 500 million with respect to the instant real estate on October 31, 2013.

On October 1, 2014, pursuant to Article 18-2(1)2 of the Housing Act, the Plaintiff filed an application for change of the purport and cause of the claim seeking the sale of the instant real estate with the Defendant as of the date of service of the application for change, and the duplicate of the said application was served on the Defendant on October 6, 2014.

E. On the other hand, on June 22, 2013, the Intervenor entered into a joint project agreement (hereinafter “instant joint project agreement”) with the Plaintiff with respect to the instant project on the following terms: (a) on September 18, 2014, the Intervenor obtained a modified approval for the housing construction project plan from the Busan Metropolitan City head to the Plaintiff to the Intervenor.

Article 2 (Representative of Joint Project Undertakers) (1) Title of the representative of the Joint Project Undertakers, location of the business office, and representative shall be as follows

1. Name: An intervenor;

2. Location of principal office: Six floors in the IMO-gu Busan Metropolitan City;

3. Name of the representative: J, K 2.