1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The return of the provisional payment is the return of the provisional payment.

Basic Facts

G, E, F, and H owned the land and above-ground buildings of Gangnam-gu Seoul Metropolitan Government (hereinafter “M-dong real estate”) around October 2015, Gangnam-gu, J, K, L (hereinafter “M-dong real estate”), and the land among them was “M-dong land”).

G: Ownership of land and ground building E: Ownership of land and ground buildings H: L. G, E, F, and H, on October 3, 2015, the contractor, as “Defendant Co., Ltd. Co., Ltd. Co., Ltd (hereinafter “C”)” (hereinafter “Co.”), prepared a construction contract (Evidence 3) with a content of a construction contract with the said contractor as a contract period of KRW 1,023,00,000,000 of the total construction cost of a new construction of an apartment house of five stories above ground on land of M-dong, with the contractor as “Defendant in charge of construction of a stock company C (hereinafter “Co.”).

[This case’s construction contract is concluded according to the contents stated in the above contract] G, E, F, and H are mutually named “N”, and the opening date of the business is March 2, 2016; and they completed business registration as a value-added tax-free seller for housing items.

Since then, on March 8, 2016, G transferred the ownership of I’s land and building to D, and D, E, F, and H (hereinafter “D, etc.”) entered into a joint project agreement with D, E, F, and H (hereinafter “D, etc.”) on the land above the land.

(As above, D’s transfer of ownership of the I’s land and building from G was included in the parties to the instant construction contract) on August 2016, 2016, the apartment building of five stories (10 rooms) above ground (hereinafter “the instant apartment building”) was completed on the Mdong land, and the registration of preservation of ownership of the instant apartment building was completed on August 24, 2016 under the name of D, etc.

D, etc. around September 2016, the instant multi-family housing building was loaned approximately KRW 1.5 billion from the O Association or the P Association as security (On the other hand, H around 2015, prior to the said loan, around 2015, was offered Q Co., Ltd. (hereinafter referred to as “ Q”).

The right to collateral security has been established with Q Q as the right to collateral security with respect to the loan M&S real property.