1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant’s new house construction 1) The Defendant’s window C large 380 square meters of the window of Changwon-si (hereinafter “instant land”).

(D) and D large scale 381m2 (hereinafter “instant land”).

(2) Around July 2015, the Defendant entered into a construction contract with E and the construction period from July 2015 to November 2015, with the construction cost of KRW 140 million.

3) On the instant land, 2nd floor of reinforced concrete structure (1st floor 75.27 square meters, 24.09 square meters, 2nd floor 2) was newly built, and the instant housing was approved for use on December 22, 2015. Meanwhile, F obtained a building permit from the Defendant to newly construct a house on the instant land, with the approval of land use on July 10, 2015.

After September 28, 2016, the owner was changed from F to the defendant.

On the instant land, the two-story detached houses (1st floor 75.78 square meters, 29.82 square meters) were newly built on the instant land, and the said housing was approved for use on November 7, 2016.

B. The Defendant wired KRW 117,495,00 in total to the financial institution account in the name of the Plaintiff from one’s or wife G account to the construction cost. The details transferred to the financial institution account in the name of the Plaintiff or the amount deemed to have been deposited in connection with the construction project in the said account is as shown in the attached Table 1. 2) As shown in the attached Table 2, the Defendant paid KRW 34,439,80 in total to H or constructor (contractor) in relation to new construction of housing.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence Nos. 1, 2 and 3, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff: (a) succeeded to the construction contract between the Defendant and E with respect to the construction work of newly constructing the second floor housing on the instant land (hereinafter “instant C New Housing Construction Work”); and (b) completed the construction work.