1. Revocation of a judgment of the first instance;

2. The plaintiff (appointed)'s claim is all dismissed.

3. The total cost of the lawsuit.

1. Basic facts

A. C owned the 2nd underground floor, the 7th underground floor, and the 8th underground floor of the above building on the building site in order to extend the 2nd underground floor and the 8th underground floor on the above site on the building site around 2003, and concluded a contract with Defendant B, a building contractor, for the extended building (hereinafter “instant extension construction”).

B. Around September 7, 2003, Defendant B entered into a subcontract with the Plaintiff as the representative director and with respect to the Changho and Steel Works among the instant extension works (hereinafter “the instant construction works”), the construction cost of KRW 90,000,000 (excluding value-added tax) and the construction period from September 7, 2003 to September 30, and paid KRW 38,200,000 as advance payment out of the construction cost, and paid KRW 59,80,000 as advance at the time of completion.

C. The plaintiff completed the above construction on October 30, 2003, and the extended construction of this case was completed on January 28, 2004.

On January 28, 2004, the Plaintiff demanded Defendant B and C to pay the price for the Changho Construction Work. On February 10, 2004, C agreed that on the part of the seven floors extended by February 25, 2004, instead of paying the price for the Changho Construction Work, the Plaintiff transferred the ownership of and the share in the site to Defendant B and C in a state without any legal limitation, such as the provisional attachment of ownership of and the share in the site for the seven floors extended by February 25, 2004 (hereinafter “instant seven floors”).

(hereinafter “instant accord and satisfaction agreement”). E.

around that time, the Plaintiff used the instant seventh floor as a residential place upon delivery, but was not able to complete the registration of ownership transfer in its name.

F. Meanwhile, a pre-use inspection on the instant building was completed on February 2004. As to the remainder of the 8th floor of the instant building, the registration of the alteration of title title that expands the area of the section for exclusive use on the ground of extension by February 28, 2004.