2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

A. A Co., Ltd. (hereinafter “A”) (hereinafter “A”) with respect to the conclusion of a contract for construction works and the change thereof

) The Round General Construction Co., Ltd. on June 1, 2005 (hereinafter referred to as the “Round General Construction”)

(2) The building of this case (hereinafter referred to as the “instant building”) shall be

) New construction works (hereinafter “instant construction works”)

From June 3, 2005 to August 10, 2006, the construction period of construction was set at KRW 9.8 billion (including value-added tax) and entered into a contract for construction works with the content that the contract is to be made during the contract period. 2) After that, due to the default on the construction of the Round General Construction, the construction of the instant construction was changed to C Co., Ltd. (hereinafter “C”).

B. On November 19, 2010, when the instant building and its site were newly constructed, there was a decision to commence voluntary auction (such as the commencement of voluntary auction) on November 19, 2010 on the instant building and its site, and the Defendant purchased the instant building and its site that had been newly constructed on June 8, 2012 at the auction procedure and completed the registration of ownership transfer in the future of the Defendant on the same day. (2) In the process, the Defendant paid the proceeds from a loan from the Seogu Daegu Credit Union and paid the proceeds from the purchase of funds from the Defendant. (3) During the process, the Defendant, at the request of the Seogu Daegu Credit Union, prepared a written confirmation of waiver of lien from the enterprise asserting lien on the instant building and its site that had been newly constructed on June 1, 2012 and submitted it to Seogu Credit Union, as well as prepared a written confirmation to recognize the Defendant’s claim for the construction price.

On June 7, 2012, the Defendant received from C a certificate of waiver of the right of retention (Evidence 5) stating that “C only agrees with the Defendant and waives the right of retention.” On the same day, the Defendant recognized that “C” was about KRW 350 million for the construction cost of C(branch) claiming the right of retention without receiving the construction cost during the construction process, and recognized that the said amount was the successful bidder.