The appeal by the plaintiff (Counterclaim defendant) is dismissed.

The costs of appeal shall be borne by the plaintiff (Counterclaim defendant).

purport, purport, and.

Basic Facts

F Co., Ltd., Ltd. (hereinafter “F”) obtained a building permit on May 30, 2008 in order to newly construct medical facilities and funeral hall buildings of seven stories above ground and one story underground (as stated in paragraph (1) of the attached Table after completion of construction; hereinafter collectively referred to as “instant building”) on the land listed in paragraph (2) of the attached Table of Real Estate List (hereinafter “instant land”).

From F, on May 25, 2010, the Plaintiff contracted the electrical construction of the instant building for KRW 1.2665 billion, and on October 1, 2010, the instant building for KRW 410 million, respectively. On October 1, 201, the Plaintiff contracted the telecommunications construction of the instant building and the heating and cooling construction works, etc.

During that period, construction was discontinued upon the F’s default on November 30, 2011 due to the completion of only the framework of the instant building, and the Plaintiff did not receive progress payment from F for the new construction of the instant building.

On June 5, 2012, at the request of the Credit Guarantee Fund, which is a mortgagee of the land of this case and a creditor of F, the decision of voluntary auction was made on the land of this case to the Gangwon-do District Court I, Gangwon-do branch court, and the auction procedure was conducted accordingly.

Accordingly, on June 10, 2012, the Plaintiff entered into an agreement with F to the effect that, if the Plaintiff did not pay the Plaintiff the construction cost of one billion won due to the payment by the end of June 2012, the change in the name of the owner would be avoided, but the Plaintiff and F would return the remainder, excluding the total cost and profits required upon completion of the instant building, to F, according to the agreement between the Plaintiff and F, and accordingly, F would have prepared a written consent for the change in the name of the owner at that time.

The Plaintiff filed a lawsuit against F for demanding the performance of the procedure for changing the name of the owner of the instant building building building permit under the Chuncheon District Court Decision 2012Gahap1415, as the F did not pay the unpaid construction cost of one billion won until the end of June 2012.