1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a stock company established on July 1, 200 to conduct construction business, etc., and C is a person who uses a title as the president and actually operates the Plaintiff.

B. On May 22, 2015, the Defendant completed the registration of transfer of ownership on the ground of sale on March 27, 2015, with respect to D 335.3 square meters (hereinafter “instant land”).

C. On September 2, 2015, the Plaintiff’s agent E and newly constructed eight-story officetels on the instant land (hereinafter “instant officetel”) with the contract amounting to KRW 2,200,000,000, and the construction period from September 8, 2015 to April 30, 2016, “the first contract for construction works” (hereinafter referred to as “the first contract for construction works”).

A 6-1. The Defendant’s name was printed at the end of the first contract, and the Defendant’s name was affixed thereto. D. The Defendant obtained approval for use of the instant officetel on January 12, 2017, and completed registration of the preservation of ownership on January 24, 2017. [In the absence of dispute over the grounds for recognition, Nonparty 5-1, 2, 6-1, 6-1, 6, 6, and 15], and the purport of the entire pleadings.

2. The parties' assertion

A. On September 2, 2015, the Plaintiff entered into a contract with the Defendant to newly construct the instant officetel at the contract price of KRW 2,200,000. The Defendant paid the Plaintiff a total of KRW 1,641,541,560 from the date the said contract was concluded to January 25, 2017, but did not pay the remainder of KRW 558,458,440. As such, the Plaintiff claimed damages for delay from January 26, 2017, which is the date following the date of the last repayment.

B. The Defendant is the title trustee of the instant land and officetels, and the contract for the construction of the instant officetel is concluded between the Plaintiff and E.

Even if the defendant is a party to the above contract, the contract amount is KRW 1,938,700,000, and is not only KRW 1,641,541,560 as the plaintiff.