1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. (1) The C-building housing association (hereinafter referred to as the “instant association”) concluded a subcontract, etc. with a cooperative established to reconstruct the above apartment (hereinafter referred to as “petition construction”) under Yangcheon-gu Seoul Metropolitan Government D ground C-building housing association (hereinafter referred to as the “instant apartment”) awarded a contract for the construction of a new E-family apartment (hereinafter referred to as the “instant apartment”) with the reconstruction of the said apartment (hereinafter referred to as “petition construction”) in size of 155 households. Since then, the contractor (the contractor) changed the housing construction (hereinafter referred to as “gold construction”).

(2) The Plaintiff and the F (G) were subcontracted to KRW 800,000,00 for the construction cost of the instant construction project from the petitioner construction on May 3, 2006.

On May 8, 2006, H had been sub-subcontracted to KRW 370,00,000 for construction cost by the Plaintiff and F. On June 8, 2007, H had been actually managed by the Defendant, and the Defendant continued to perform the construction work following the transfer of H to a third party by the Defendant’s private company to H.

B. The instant association and the petition construction made payment in lieu of the construction cost to the Plaintiff and F, 720,000,000 won out of the construction cost of KRW 800,000,000, which is to be paid to the Plaintiff and F, to the three households of the instant apartment (No. 302, 106, 106, 303, 103, 402).

The Plaintiff and F, under the name of J, 106 Dong 302, and 106 Dong 303 were paid in kind by F, and 103 Dong 402 decided to move part of the subcontract price to the Defendant as a payment in kind. Accordingly, the Defendant decided to register the ownership transfer under the name of K as wife for 103 Dong 402.

(2) In the process of the instant construction, the Plaintiff lent to the instant partnership the amount of KRW 57.5 million (in writing, the amount of KRW 57.5 million, KRW 74 million, KRW 70 million, KRW 75 million, and KRW 75 million).

(3) The Plaintiff’s additional construction work is equivalent to KRW 70 million in the course of performing the construction work of the heading and glass.