1. The plaintiff's claim is dismissed.

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

Basic Facts

On February 10, 2015, the Defendant, who was the owner of the neighboring 25 lots (hereinafter collectively referred to as the “instant real estate”), including Pyeongtaek-si and 377 square meters, a power of attorney prepared between the Defendant and C, prepared and held the power of attorney as follows with respect to C Co., Ltd. (hereinafter referred to as “C”):

(hereinafter referred to as “the power of attorney of this case”). The name of the above-mentioned representative: C shall designate the above person as his representative and delegate all the following matters to the authority:

1. All the Defendant’s activities related to the instant real estate construction contract and construction;

2. On November 28, 2014 and April 29, 2015, the Defendant filed seven building report with the head of office having jurisdiction over the head of office of Pyeongtaek-si with the purport that he/she would construct seven houses with a total floor area of 105 square meters and a total floor area of 197.55 square meters on each of the instant real estate on the instant real estate on the ground of Pyeongtaek-si, and received a certificate of completion of report on each of the instant building reports from the head of office having jurisdiction over the head of office in Pyeongtaek-si from among the head of office having jurisdiction over Pyeongtaek-si.

The Plaintiff entered into a construction contract between the Plaintiff and C, respectively, as KRW 186 million between March 2015 and June 2015 (the contract amount of KRW 18.6 million; KRW 10 million at the time of the foundation completion; KRW 10% of the intermediate payment; KRW 20% of the intermediate payment at the time of the completion of the foundation; KRW 20% of the intermediate payment at the time of the completion of the foundation, KRW 30% of the intermediate payment at the time of the completion of the foundation, KRW 30% of the intermediate payment at the time of the completion, and KRW 10% of the remainder within 14 days after the completion of the examination).

The 7 architectural construction contract was prepared with a view to constructing 7 wooden houses as stated in the subsection (hereinafter collectively referred to as “each construction contract of this case”). At the time of the preparation of each construction contract of this case, C presented to the Plaintiff the power of delegation of this case.

The Plaintiff’s failure to pay the construction completion and the construction cost was completed on April 27, 2017 at the latest by the Plaintiff’s completion of the instant construction contract. However, the Plaintiff completed all of the instant construction contract, but at the latest, KRW 520,80,000 (=130,200,000 won) in total of the fourth intermediate payment and the remainder of each construction contract (=).