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

Around May 2005, the Plaintiff received a contract for construction work from Nonparty D, who represented by the Defendants, for the construction work of the E- second floor E on the ground (hereinafter referred to as “instant housing”) with the construction work of KRW 155,500,000,000 for the construction work, and the construction work price has increased to KRW 185,550,000,000,000 for the construction work

(hereinafter “the instant construction contract”). Around November 2005, the Plaintiff completed the instant house, and the Plaintiff received only KRW 85 million as the construction cost and did not receive the remainder KRW 1.5 million. As such, the Defendants are obliged to pay the remainder of the construction cost and the damages for delay thereof to the Plaintiff.

(1) The plaintiff, while the lawsuit of this case is pending, has changed the purport of the claim and the cause of the claim from the claim for the construction cost as stated in the above Paragraph (a) to the claim for return of unjust enrichment as stated in the above Paragraph (a). However, it is unclear whether the claim has been exchangedly changed as to the defendants' objection to extinctive prescription of the claim for the construction cost, and thus, it is also unclear whether the claim has been exchangedly changed. Accordingly, the plaintiff was awarded a contract for the construction of this case from D or from D who represented the defendants on or around May 2005, and completed the construction of this case on or around November 2005.

On November 15, 2005, Defendant B completed registration of preservation of ownership of the instant housing, and the Defendants obtained profits from acquiring the ownership of the instant housing without any legal cause. Accordingly, the Plaintiff incurred damages equivalent to KRW 1.5 million for the unpaid construction cost, thereby the Defendants are obligated to return the said profits to the Plaintiff.

However, who is the party to the contract of this case, is a matter of interpretation that clearly establishes the objective meaning of the party involved in the contract.