1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The Plaintiff asserted that the Plaintiff and the Defendant jointly contracted the construction work of constructing a new house on the ground of the pertinent land owned by D (hereinafter “instant land”) with D. In order to secure the said construction work cost, the Plaintiff and the Defendant set up a collateral security right to the said land as a joint mortgagee and the Defendant, with the maximum debt amount of KRW 1,000,000,000, and the joint collateral security right.

The Defendant renounced the instant construction after the completion of the registration of the establishment of a neighboring mortgage, and only the Plaintiff continued to continue to perform the instant construction.

Since then, the instant land was sold to Suwon District Court Sungnam Branch C, and KRW 42,00,000 was distributed to the original and the Defendant, who is a joint collateral mortgagee.

The above dividends amounting to KRW 42,00,000 is that the Plaintiff should receive all dividends, and the above dividends amount to KRW 21,000,000,000, which is the Defendant’s share among the above dividends, was not received because the Defendant who renounced the construction, did not cooperate.

2. According to the reasoning of the evidence Nos. 1 and 2 as to the cause of the claim, it is recognized that “The defendant has delegated all the rights concerning the instant construction work to the plaintiff while waiving civil construction work on October 15, 2012,” among the distribution schedule prepared by the above court on April 17, 2014, the amount of dividends of KRW 50,879,286 to the plaintiff and the defendant shall be KRW 42,00,00, and the amount of dividends to D shall be KRW 879,286, respectively, to the plaintiff and the defendant as KRW 8,879,286, respectively.”

On the other hand, however, in full view of the contents of evidence Nos. 18-20, the defendant did not waive the construction work, but did not write down a letter of waiver of construction work to F, the representative director of the plaintiff, and F, for the convenience of litigation related to construction work between the plaintiff and D.