1. The plaintiff's claim is dismissed.

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

1. The plaintiff's ground of claim

A. On August 31, 2012, the Plaintiff entered into a contract with Nonparty C Co., Ltd. (the representative D; hereinafter “Nonindicted Co., Ltd.”) for the repair of the building, such as Pyeongtaek-si, Fran-ground housing, warehouse (hereinafter “instant construction contract”), and paid KRW 80 million in advance to Nonparty Co., Ltd. (hereinafter “instant construction contract”).

B. The above land is impossible to construct a building as a landscape green zone, and only repair works for the existing building were permitted. Since the non-party company performs and removes part of the roof file construction works among the above housing, warehouse, etc., the office of Pyeongtaek-si issued an order to suspend construction works and remove steel structures already installed on the ground that the construction works were conducted against the non-party company beyond the scope of repair works.

C. On May 3, 2013, the Plaintiff filed a lawsuit against Nonparty Company and D, including the restoration of the building to its original state, and the Seoul High Court (2013Na27949) rendered a judgment on September 5, 2014 that “the Plaintiff shall pay the Plaintiff KRW 14,244,50, and delay damages therefor,” and the said judgment became final and conclusive on December 30, 2014.

(1) D.

The above judgment presumed that the construction contract of this case was lawfully rescinded, and thus, the non-party company would return to the plaintiff the remaining amount after deducting expenses, etc. incurred by the non-party company from the advance payment, etc. received from the plaintiff. The defendant prepared and delivered a construction subcontract form (A) and a receipt (A2) stating that "the non-party company received KRW 25 million from the non-party company after receiving a subcontract for the parts of the steel framed among the repair works of this case," and the non-party company submitted the above receipts, etc. to the full bench as evidence, and thereby recognized the above amount of KRW 25 million as expenses incurred by the non-party company.

E. However, prior to the instant construction contract, the written estimate (A4) presented by the non-party company to the Plaintiff is steel framed.