공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
A. C completed the registration of ownership transfer with respect to the instant land D on May 9, 2008 (including the E-site partitioned on April 14, 2010). The F purchased the instant land from C on March 11, 2010 and completed the registration of ownership transfer on the same day.
B. On December 13, 2011, G, the husband of F, entered into a contract with H (mutual name: I), setting the contract amount as KRW 430 million with respect to construction of a new building for the fourth floor neighborhood living facilities and multi-household dwelling facilities on the instant land (hereinafter “instant building”).
On March 22, 2012, the Plaintiff continued construction upon delegation of all rights to new construction of the instant building from H.
C. On July 13, 2012, in the name of C and the Defendant, a real estate sales contract was prepared stating that “The Defendant purchased the instant building from C, the nominal owner of the instant building (the F did not pay any balance, and the name of the owner of the instant building remains in C), KRW 75,000,000, but acquires and pays KRW 300,000,000,000, out of the obligation to pay an intermediate payment of KRW 300,000,000 to the Plaintiff.”
Around October 2012, the Defendant and J (A) entered into a real estate sales contract stating that “The Defendant assumed the Defendant’s obligation of KRW 300 million out of KRW 430,000,000,000 that the Plaintiff had not received, and instead of paying KRW 150,000,000,000 among the said KRW 300,000,000, the ownership of the instant building No. 201 is transferred to J, but the ownership of KRW 201 was not transferred thereafter.”
E. On October 21, 2013, K, the father of the Defendant, drafted a written confirmation confirming that “the Plaintiff paid construction cost of KRW 430 million to the Plaintiff, thereby executing the instant building construction work.”
F. C: (a) completed registration of initial ownership relating to the instant building on October 26, 2012; and (b) on November 5, 2012, due to sale and purchase of the instant building.