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 of the housing construction project plan under Article 16(1) of the Housing Act with respect to a project for constructing multi-family housing with 14 Dong-dong 1,335 units on the land (hereinafter “instant project”) from the Busan Metropolitan City head on the Busan Seo-gu and 504 plot of land, and announced the said approval on the same day. As of June 10, 2013, the Plaintiff secured a right to use 95.02% of the land necessary for the instant project as of June 10, 2013.

B. On September 12, 2013, after the approval of the said housing construction project plan, Defendant B purchased real estate listed in the attached list (hereinafter “instant real estate”) included in the said housing construction project site from F, and completed the registration of ownership transfer in the future on the same day.

C. As to the instant real estate, Defendant C completed the instant provisional registration under the name on the same day on October 21, 2013 due to the purchase and sale promise made on the same day, and Defendant D completed the registration of the establishment of the instant collateral security agreement, which was the debtor B, and the mortgagee D, on October 28, 2013 due to the contract establishing the right to collateral security on September 11, 2013.

On June 30, 2014, the Plaintiff submitted to Defendant B an application for correction of the purport and cause of the instant real estate pursuant to Article 18-2(1) of the Housing Act, which included a declaration of intent to request the sale of the instant real estate. On July 1, 2014, the application for correction of the purport and cause of the instant claim was served on Defendant B.

E. Meanwhile, 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 Busan Metropolitan City Mayor, which was subsequent to the pronouncement of the judgment of the first instance, changed the project proprietor from the Plaintiff to the Intervenor.

Article 2 (Representative of Joint Project Undertakers) (1) Names of representatives of Joint Project Undertakers, locations of business places, and representatives shall be as follows: