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1. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.
2. Costs of lawsuit by succession.
Reasons
1. Basic facts
A. On the ground of 270.4 square meters in Daegu Jung-gu (hereinafter “instant land”), the construction of a new construction of a 5-story-gu publicly announced telescope (hereinafter “instant building”) from around 2010 to around 2010 began.
B. Sam-Hy Credit Union received a voluntary decision to commence the auction on the instant land from the collateral security to Daegu District Court D on April 5, 2011. During that procedure, Si-Ba, who was the former representative director of the Plaintiff, sold the instant land and completed the registration of ownership transfer on September 29, 201.
At that time, the structural construction of the instant building was completed up to the second floor on the ground of the instant land.
C. On November 10, 201, the Plaintiff and the Defendant drafted a construction work standard contract (a evidence No. 1; hereinafter “instant contract”) with the owner, the constructor, and the contractor as F (the Plaintiff’s current representative director and the Plaintiff’s employee) on the following terms:
1. The name of construction work: New construction work of H public notice telecom; and
2. Site location: Daegu-si C
3. Period: Commencement on November 1, 201, and completion on March 1, 2012.
4. Contract amount: 500,000,000 won (excluding value-added tax);
5. Advance payment: Any balance of 200,000,000 won shall be determined by both parties under an agreement.
d.
On December 7, 201, after the completion of the above voluntary auction procedure, on December 7, 201, the name of the building owner of the instant building was changed from I to the defendant and the construction of the instant building was resumed (hereinafter “instant construction”). The Plaintiff’s Intervenor was transferred KRW 437,606,200, out of the construction cost claim under the instant contract from the Plaintiff, and the Plaintiff’s Intervenor was ordered by the Daegu District Court 2013Kadan1978 as to the instant building, which is the five-story building completed as the right to be preserved, and upon the entrustment of the registration of the provisional seizure, the registration of ownership preservation was completed in the name of the Defendant as to the instant building on April 16, 2013.
[Ground] Facts without dispute, Gap evidence 1, and Gap.