1. Revocation of a judgment of the first instance;

2. The plaintiff's action against the defendant B and C shall be dismissed, respectively, and the claim against the defendant A.

1. Basic facts

A. As to the business that newly constructs multi-family housing with 14 Dong-dong 14 and 335 units on the land outside Busan Seo-gu D and 504 (hereinafter “instant business”), the Plaintiff obtained approval from the head of Busan Metropolitan City on April 12, 2013 for the housing construction project plan under Article 16(1) of the Housing Act, and the said approval was publicly notified on the same day.

B. On September 2, 2013, Defendant A acquired the ownership of the attached real estate (hereinafter “instant real estate”) contained in the instant project site, and on October 17, 2013, Defendant B completed the provisional registration of ownership transfer claim based on a sale promise (hereinafter “provisional registration”) on the 16th of the same month with respect to the instant real estate on October 17, 2013, and the provisional registration of ownership transfer claim based on a sale promise (hereinafter “provisional registration”). Defendant C completed the registration of ownership transfer (hereinafter “each of the instant collective security rights,” including Defendant B and C’s collective security right, with the maximum debt amount of KRW 200 million on the same day.

C. On June 10, 2014, the first instance court continued, the Plaintiff submitted to Defendant A an application for modification of the purport of the instant claim and the cause of the claim, including an expression of intent to request the sale of the instant real estate pursuant to Article 18-2(1) of the Housing Act, and the duplicate of the said application was served to Defendant A on the same day.

On the other hand, on June 22, 2013, the Intervenor entered into a joint project agreement with the Plaintiff regarding the instant project (hereinafter “instant joint project agreement”) with the following contents, and obtained approval for the modification of the housing construction project plan from the Busan Metropolitan City Mayor on September 18, 2014 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: 6th floor of the Busan Summer-gu G building;

3. Name of representative: H and I. Representative shall have the rights and duties of the plaintiff.