1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. The Plaintiff is a juristic person with the purpose of the wholesale and retail business of wood and construction materials, and the Defendants are the inheritors of E, the owner of building, who is the third floor apartment house of reinforced concrete structure built on two parcels, including Seoul Jongno-gu Seoul, and the third floor apartment house of reinforced concrete structure (hereinafter “instant building”).

B. At around August 2014, E purchased each land of Jongno-gu Seoul Metropolitan Government F, K, and L with the introduction of I and decided to construct the apartment houses of the first and third floor above the ground by using the framework of an unauthorized building on the ground.

C. On November 19, 2014, E entered into a contract for the construction of the instant building with the Insular Comprehensive Construction Co., Ltd. (hereinafter “Insular Comprehensive Construction”) under which the terms of a contract with the construction cost of KRW 750,000,000 for the new construction of the instant building and the construction period of February 28, 2015, and entered into a contract for the modification of the terms of a contract with the construction cost of KRW 1,300,000,000 for the construction cost of February 4, 2015, and the construction period of KRW 1,30,000,000 for the construction period of KRW 3

(hereinafter referred to as “instant contract”) d. by combining each of the above contracts.

Under the instant contract, the new construction of the instant building was actually carried out by I, not a comprehensive human construction. E obtained approval for use of the instant building on June 8, 2015.

E. Meanwhile, the construction work for converting the rooftop floor of the instant building into the double floor of the third floor (hereinafter “instant third floor construction”) was carried out, and the Plaintiff supplied construction materials, such as f1,067,490 won, to the site of the instant third floor construction from June 10, 2015 to August 3, 2015 (hereinafter “instant construction materials”).

F. On November 20, 2015, Defendant C and D, a spouse, succeeded to the obligations of Defendant B and D, a spouse.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, 11, 12, Eul evidence Nos. 1, 5, 7 and 8 (including the number of pages), the purport of the whole pleadings

2. The parties' assertion

A. The 3rd floor construction of the Plaintiff’s assertion is the building of this case.