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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The plaintiff asserted that D and D made an oral contract between the defendant and the owner of the building of the third floor C (hereinafter "the building of this case") for the construction of the building of the third floor C and the construction of the building of this case (hereinafter "the building of this case") and completed the construction of this case. ① The plaintiff was aware of the defendant as a party to the construction contract of this case or was authorized to conclude the construction contract of this case on behalf of D, or ③ even though D had no power to conclude the construction contract of this case on behalf of D, the defendant granted D the power to accept the construction contract of this case, and there was justifiable reason to believe that D had the power to execute the construction contract of this case, or ④ the defendant confirmed the construction contract of this case by paying part of the construction price to D through ASEAN, and ⑤ the defendant completed the construction of the building of this case at the plaintiff's effort and cost without any legal ground, and thus, the defendant is obligated to pay the remainder of the construction price of this case to the plaintiff through 2.5 million won and delay damages.
2. Determination:
A. First of all, in the instant case where the Plaintiff was a party to the instant construction contract with D, in full view of the purport of the entire pleadings as to whether the Plaintiff was aware of the Defendant as a party to the instant construction contract, the fact that the registration of preservation of ownership was completed on July 3, 2014 in the name of the Defendant, the Defendant’s AF transferred KRW 10 million to the Plaintiff on November 18, 2013, and KRW 1.5 million on November 27, 2013, but it is recognized that the facts of the instant recognition and the 1,3, and 500,000 won were remitted to the Plaintiff.