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1. The plaintiff and the plaintiff succeeding intervenor's claims against the defendants are all dismissed.
2. The costs of litigation are assessed against the Plaintiff.
Reasons
1. Basic facts
A. Upon Defendant C’s request, the Plaintiff newly built a detached house (hereinafter “instant house”) on the ground of D’s window from May 2, 201 to Changwon-si, Changwon-si.
B. The owner of the instant housing is Defendant B, and the approval for use was granted under the name of Defendant B on October 6, 201 with respect to the instant housing, and the registration of ownership preservation was completed on October 19, 201 under Defendant B’s name.
C. On November 4, 2015, the Busan District Court issued an order to seize and assign claims against the Plaintiff for KRW 24,882,067, among the construction cost claims that the Plaintiff seeks to pay to Defendant C by the instant lawsuit, as the Changwon District Court Decision 2015TTT 2015TT 10471, the Plaintiff’s succeeding intervenor, Inc., Ltd. (hereinafter “the succeeding intervenor”), and the aforementioned order to seize and assign claims was served on the Plaintiff on December 8, 2015, and on November 6, 2015, respectively.
Plaintiff
The succeeding intervenor Han Chang-Tech Co., Ltd. (hereinafter "the succeeding intervenor"), filed a payment order (the Chang-won District Court 2012 tea 2722) against the plaintiff, and the payment order was finalized on October 5, 2012.
The succeeding Intervenor’s assignment order was issued with the Changwon District Court 2016TT764, which was the title of the said payment order, with the claim attachment and assignment order for KRW 379,837,735 of the instant construction cost claim against Defendant B. The said claim attachment and assignment order was served on the Plaintiff on April 15, 2016 and the Defendant B on February 5, 2016, respectively, and was finalized on April 23, 2016.
Plaintiff
Value-added tax, including the value-added tax separately imposed on Defendant’s assertion, KRW 395,80,000,000, including the value-added tax separately imposed on Defendant’s assertion; KRW 406,00,000,000, including the value-added tax.
E. As to the expenses incurred in the construction of the instant house, the appraiser has appraised as follows, and expressed that the amount of KRW 435,380,000 among them is adequate.