A. On June 15, 2012, the Plaintiff entered into a contract for construction works (hereinafter “instant construction contract”) with respect to the construction company for Gyeyang General Construction Co., Ltd. (hereinafter “Seoul Construction”) by setting the construction amount of KRW 297,00,000 (including value-added tax) as the construction amount.

B. On March 5, 2015, 116,545,000 won out of the claim for construction payment against the Plaintiff to the Defendant, and notification to the Plaintiff on the same day.

C. On April 9, 2015, the Defendant filed a lawsuit claiming the amount of deposit (hereinafter “instant claim for deposit”). On July 13, 2015, the court rendered a ruling of recommending reconciliation that “the Plaintiff shall pay KRW 116,545,00 to the Defendant until August 31, 2015. If the Plaintiff fails to pay the said amount by the payment date, the Plaintiff shall pay the amount unpaid plus the damages for delay calculated at 20% per annum from the date following the date of payment until the date of full payment (hereinafter “decision of recommending reconciliation in this case”). The decision of recommending reconciliation in this case became final and conclusive on August 4, 2015.

The Defendant applied for a compulsory auction of D real estate owned by the Plaintiff according to the instant ruling of recommending reconciliation, and the decision of compulsory auction was rendered on October 6, 2015.

[Ground of Recognition] Facts without dispute, entry of Gap evidence 1 to 21 (including each number), significant facts in this court, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that there is no claim that the defendant acquired from the construction of the Jeonwon General Construction. The defendant is a person specializing in the construction mid-term rental business and is well aware that he cannot be transferred his claim without the contractor's consent. Furthermore, the defendant received the construction contract of this case from the Jeonwon General Construction and submitted it as evidentiary materials of the acquisition price lawsuit of this case.