1. Revocation of a judgment of the first instance;

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

1. Basic facts

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

B. On October 31, 2013, Defendant B acquired the ownership of the instant real estate located on the instant site for the instant project. On November 1, 2013, Defendant C completed the registration of creation of a mortgage over KRW 100 million with respect to the instant real estate, and on the same day, Defendant D completed the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”) and the registration of creation of a mortgage over KRW 100 million with respect to the instant real estate based on the promise to sell the instant real estate on the same day, on the same day.

C. On September 26, 2014, when the first instance court continued, the Plaintiff filed an application for change of the purport and cause of the claim seeking the sale of the instant real estate with Defendant B pursuant to Article 18-2(2) of the Housing Act, and the duplicate of the said application was served on Defendant B on the same day.

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 approval for the modification of the housing construction project plan from the Busan Metropolitan City head to the Intervenor 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 H building in Busan, Seo-gu;

3. Name of representative: I and J (2) The representative shall succeed to the rights and obligations of the plaintiff and the Mayor/Do Governor.