1. Revocation of the first instance judgment.

2. Regarding the Incheon District Court F, G (Joint) and H (Joint) real estate auction cases.

1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the respective descriptions in Gap evidence 1, Gap evidence 2, Gap evidence 5-1, 2, Gap evidence 6-2, Gap evidence 9, Eul evidence 11, Eul evidence 1, Eul evidence 1, Eul evidence 1, 2, and Eul evidence 5-7 and the whole purport of the pleadings.

On October 12, 2006, the International Housing Corporation (hereinafter “Korea Housing Corporation”) entered into a contract for the purchase price of KRW 2,18,010,000 of the sale price, which was developed and sold by the Korea Land and Housing Corporation (hereinafter “Korea Housing Corporation”) and the sale price of which is KRW 869.2 square meters (hereinafter “instant land”). K Co., Ltd (hereinafter “K”) acquired the status of the buyer under the said sale contract from the I Association with the approval of the Housing Corporation on December 7, 2006.

(B) On February 1, 2011, K failed to complete the registration of ownership transfer in its name because the registration of ownership transfer in the name of housing construction has not been completed in around 2006 due to the delay of cadastral adjustment.

on March 9, 2007, K awarded a contract to the Plaintiff for the construction work of the construction work of the construction work of the 5,141,400,000 underground and the 9th ground L building (hereinafter “instant building”) on the instant land for KRW 5,141,40,00, and the Plaintiff completed the said construction work on or around the end of February 2008.

C. Meanwhile, from the time of reporting the commencement of the construction, K divided the division of each floor of the instant building into 3 to 10 stores, and displayed the number of units, and advertised commercial buildings for sale. On November 10, 2007, M and N specified 105 units of the first floor and 3 units of the second floor to O on April 9, 2008.

On December 30, 2008, the Plaintiff received, against K on December 30, 2008, a provisional injunction against disposal of real estate against which the right to claim the creation of mortgage under Article 666 of the Civil Act is the right to be preserved (In Incheon District Court 2008Kahap252, hereinafter the above provisional injunction is referred to as the "provisional injunction of this case"), and on January 5, 2009, the provisional injunction of this case is registered.