1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's preliminary claim corresponding to the revoked part is revoked.

1. The court of first instance dismissed the plaintiff's primary claim against the defendant and partly accepted the conjunctive claim, and the defendant only filed an appeal. Thus, the scope of the court's trial is limited to the conjunctive claim, which is the part against the defendant in the judgment of first instance.

2. Facts of recognition;

A. 1) The Plaintiff and Nonparty D agreed to jointly purchase the land by contributing funds, sell the building on the ground, and divide the profits therefrom into Plaintiff 40% and D60%. The Plaintiff and Nonparty D jointly prepared the funds and completed the registration of ownership transfer of the co-ownership of shares on January 31, 2005 by purchasing 1,191 square meters on January 21, 2005. At the time when the Plaintiff and D purchased the said land, the land category and size were 1,281 square meters on the miscellaneous land, but the land category and size was changed to 1,191 square meters on March 2007 by the change, division, and merger (hereinafter collectively referred to as the “instant land”).

2) On February 16, 2006, the Plaintiff delegated the authority to conduct the business of building construction and sale to D, and D completed the construction of a reinforced concrete roof, which is an aggregate building, on its own name, by obtaining a new construction permit for 7th floor, 7th floor, 2nd residential facilities, and 1st medical facilities on the instant land.

The above building was constructed as a basement 554.3 square meters, 583.48 square meters, 553.36 square meters, 3 or 6 square meters, and 407.01 square meters, 7 or 208.94 square meters, respectively, and all of the sections of the above building (hereinafter “each of the instant sections”) were 21 square meters. D completed registration of preservation of ownership in its own name on March 21, 207 with respect to each of the instant sections.

3) D applied for the change of the construction permit to the Jinhae-gu Office after the change of the administrative district, among the newly constructed Dos of each of the instant sections, D’s land in order to facilitate the construction project of the instant building on January 23, 2007, an application for the change of the construction permit.