The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Basic Facts

C Co., Ltd. (hereinafter referred to as “C”) obtained a building permit on May 30, 2008 in order to construct a medical facility and funeral hall building on the 7th and the 1st underground floor (the same as the real estate listed in paragraph (1) of the attached Table after completion; hereinafter referred to as “instant building”) on the 5th and upper floors, from the real estate listed in paragraph (2) of the attached Table of the attached Table (hereinafter referred to as “instant land”).

From C, on May 25, 2010, the Plaintiff contracted the electrical construction of the instant building in KRW 1.265 billion, and on October 1, 2010, the instant building in KRW 410 million, respectively. On October 1, 201, the Plaintiff contracted and contracted the instant building’s telecommunication and heating and cooling construction. At the same time, the Plaintiff performed the construction by receiving a contract for the telecommunication and heating and cooling construction of the instant building.

In the meantime, the construction was interrupted upon the completion of only the framework of the instant building due to C’s default on November 30, 2011, and the Plaintiff was not paid the progress payment for the new construction of the instant building by C.

On June 5, 2012, at the request of the Credit Guarantee Fund, which is the mortgagee of the instant land and C, the creditor of the Korea Credit Guarantee Fund, the decision of voluntary auction was made on June 5, 2012 and the auction procedure was conducted accordingly.

Accordingly, on June 10, 2012, the Plaintiff entered into an agreement with C and C on June 10, 2012 that “1 billion won for the construction cost unpaid to the Plaintiff shall be changed to the name of the owner, but shall be returned to C except the total cost and profit incurred upon completion of the instant building according to the agreement between the Plaintiff and C.” Accordingly, C and C around that time set up a written consent for change of the name of the owner.

As C did not pay KRW 1 billion for the unpaid construction cost until the end of June 2012, the Plaintiff filed a lawsuit against C for demanding the performance of the procedure for changing the name of the owner of the instant building construction permit under the Chuncheon District Court Gangnam-gu 2012Gahap1415.