1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 24, 2009, C concluded a contract on January 10, 201, with the construction cost of the new construction work of the five-story neighborhood living facilities on the ground level (hereinafter “instant building”) of the five-story underground floor above the ground level (hereinafter “KE”) as the construction cost of KRW 1145 million and the completion date of construction.

B. From March 25, 2010 to September 9, 2010, the Defendant, as a joint guarantor, lent C totaling KRW 590,250,000 to four times for the use of the said new construction fund.

C. Around October 201, 2010, the Plaintiff was unable to continue construction works due to the lack of funds, etc. while performing new construction works under the said contract. Accordingly, the Plaintiff acquired the rights and obligations regarding the remaining construction from the KEEM on and around October 20, 2010, and continued the remaining construction works at the Plaintiff’s expense.

C and D, on June 24, 201, when the Defendant was unable to repay the above loan obligations against the Defendant, drafted a real estate sale agreement (Evidence A5) stating that “The instant building and its site under new construction shall be sold to the Defendant at KRW 2.9 billion, but if any benefit remains after the completion of the instant building and the settlement of the construction cost and the interest on borrowings, it shall be acquired by C and D.”

E. After October 10, 201, the registration of ownership preservation of the instant building, which is an aggregate building, began on October 10, 201 by the commission of provisional disposition registration.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. After acquiring the remaining construction from KSA, the Plaintiff’s assertion completed the instant building by paying the construction cost of KRW 845 million. The Defendant agreed to purchase the instant building and its site from C and D and pay the Plaintiff the entire construction cost in lieu of C. Thus, the Defendant is obliged to pay the Plaintiff KRW 845 million and its delay damages.