1. Revocation of a judgment of the first instance;

2. The plaintiff's lawsuit against the defendant B shall be dismissed.

3. The plaintiff's defendant A.

1. Basic facts

A. With respect to the business of constructing multi-family housing with 14 Dong-dong 1,335 units on the land outside Busan Seo-gu C and 504 units (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 announced on the same day.

B. After the approval of the said housing construction project plan, Defendant A purchased the instant real estate included in the instant project site from F on September 6, 2013, and completed the registration of ownership transfer on the same day.

C. As to the instant real estate on October 28, 2013, Defendant B completed the establishment registration of the instant provisional registration based on a pre-sale agreement as of October 25, 2013, and the maximum debt amount as of October 25, 2013, 450 million won, the debtor A, and the mortgagee B, respectively.

On June 13, 2014, the Plaintiff submitted to Defendant A an application for correction of the purport and cause of the instant 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, which was in the progress of the first instance trial. The application for correction of the purport and cause of the instant claim was served to Defendant A on the same day.

E. On the other hand, on June 22, 2013, the Intervenor entered into a joint agreement with the Plaintiff regarding the instant project (hereinafter “instant joint 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, which was subsequent to the pronouncement of the first instance judgment, to the Plaintiff as an 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 the principal office: Six floors of the Busan Western Building;

3. Name of representative: H and I (2) the representative succeeds to the rights and obligations of the plaintiff and the Mayor/Do Governor, the authorization and permission authority, and the representative.