1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. Appeal costs and the costs of lawsuit in the first instance, resulting from the intervention.

Basic Facts

On November 18, 2011, the Co-Defendant B of the first instance trial (hereinafter “B”) entered into a sales contract to purchase KRW 62,500,000,000 from the Plaintiff’s wife for purchase of KRW 62,50,000,00 from the Seo-gu Daejeon Special Metropolitan City E-gu (hereinafter “instant land”) and completed the registration of ownership transfer on the instant land on November 24, 201.

As of November 18, 201, the Plaintiff and B drafted a written contract for construction works (Evidence 1) stating that “B shall pay to the Plaintiff the construction cost of KRW 775 million for the construction of a new building listed in the attached Table 1 (hereinafter “instant building”) on the instant land, and KRW 50 million as contract deposit, and KRW 275 million out of the remainder of the construction cost shall be paid as the lease deposit to the Plaintiff with the consent of B after the first completion, and the remainder of KRW 450 million shall be paid within one month after the second completion.”

At the time, the Plaintiff had been performing the construction of the instant building on the ground of the instant land. The degree of progress of construction was 45% compared to the construction process as of October 201, 33% compared to the construction cost, 65% compared to the construction process as of November 22, 201, and 48% compared to the construction cost.

After that, on November 22, 2011, the Plaintiff changed the name of the owner of the instant building from D to B (Evidence No. 23) and obtained approval for the use of the instant building on February 2, 2012, and the same month.

8. The registration of ownership preservation was completed in the name of B as to the instant building.

On January 4, 2013, with respect to the auction of the instant land and building and the instant land and building for which the Plaintiff reported the lien, the voluntary auction procedure was commenced on January 4, 2013, with the application for auction following the execution of the right to collateral security by the Defendant joining the Defendant, who is the mortgagee, to the Daejeon District Court.

The defendant is in the procedure of voluntary auction of this case.