1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On March 21, 2016, the Defendant: (a) concluded a contract on the construction of a new pent structure with Goi-gun Co., Ltd. (hereinafter “Nonindicted Company”); and (b) entered into a contract with Goi-gun and three parcels of land (hereinafter “Nonindicted Company”); and (c) KRW 369,800,000 for the construction cost.

B. On March 23, 2016, the Defendant paid KRW 100,800,000 to Nonparty Company as advance payment, and paid KRW 800,000 on April 11, 2016.

C. On April 14, 2016, the Plaintiff entered into a contract with the Nonparty Company to transfer KRW 25,000,000 to the Plaintiff out of the construction price claims that the Nonparty Company owns to the Defendant under the instant construction contract (hereinafter “instant contract to transfer the claim”), and notified the date to the Defendant and reached the Defendant on May 4, 2016.

On the other hand, on May 2, 2016, the Defendant paid the non-party company KRW 100,000,000 to the non-party company as construction price, and further paid KRW 100,80,000 to the non-party company on June 1, 2016, the Defendant and the non-party company prepared a written confirmation of payment of construction price confirmed as KRW 100,200,000 to the non-party company.

E. However, the non-party company discontinued the construction after the commencement.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 6 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. Determination on the legitimacy of a lawsuit

A. As to a claim on a property right, in principle, the subject of a right to manage and dispose of the rights or legal relations which are the subject of a lawsuit is qualified as a party.

However, even if it is a third party, there are cases where the standing to be a party to a certain right or legal relationship is granted or a litigation performance right is granted by the original right holder according to his/her will as prescribed by law, but such discretionary litigation trust is in accordance with the principles of attorney-at-law under Article 87 of the Civil Procedure Act and the prohibition of the litigation trust under Article 6 of the Trust Act.