1. The plaintiff's claim is dismissed.

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

Basic Facts

On December 30, 2016, the Defendant was granted a construction permit to construct a neighborhood living facility with a total floor area of 399.26m2 (hereinafter referred to as “instant building”) in the Yeongdeungpo-gu Seoul Special Metropolitan City from the head of Yeongdeungpo-si, the head of the Gu.

On July 11, 2017, the Defendant obtained approval from the head of Yeongdeungpo-si from the head of the Gu for the use of the instant building, and completed registration of the preservation of ownership on August 7, 2017.

[Ground of recognition] The Plaintiff entered into a contract with the Defendant on March 23, 2017 under which the Plaintiff entered into the said contract with the Defendant for the construction of the instant building at the contract price of KRW 265,000,000 (hereinafter “instant contract”) and completed the said construction. Since the Plaintiff received only KRW 50,600,000 from the Defendant for the construction cost, the Plaintiff paid KRW 214,40,000 for the unpaid construction cost (=265,00,000,000 -50,60,600,000) and damages for delay.

Even if D does not have the authority to conclude the instant contract on behalf of the Defendant, D obtained all the power of representation regarding the construction of the instant building from the Defendant, who is a de facto spouse, and the Plaintiff has justifiable grounds to believe that D has the authority to act for the Defendant, so the Plaintiff seeks payment of the unpaid construction cost to the Defendant, who is responsible for expressive representation under Article 126 of the Civil Act.

Defendant did not have concluded the instant contract with the Plaintiff, and D did not have the authority to conclude the instant contract on behalf of the Defendant, and only there was a fact that the said contract was concluded between the Plaintiff and D regarding the construction of the instant building.

Judgment

D Whether the instant contract was concluded on behalf of the Defendant, or both the building permit and the registration of ownership preservation on the instant building were completed in the name of the Defendant.