The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Judgment on the Grounds of Claim

(a) The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence Nos. 1, 2, 9, and 10, witness F of the first instance trial and the purport of the entire arguments.

1) On January 31, 2018, the Defendant, the owner of a building, via F, is the Defendant Company D (hereinafter “D”).

) The construction work of constructing a detached house in a number of lots outside G at the time of occination (hereinafter “instant construction work”).

(2) On April 9, 2018, D entered into a subcontract construction contract with the Plaintiff and the first instance trial co-Plaintiff B (hereinafter “Plaintiff, etc.”) on the ground of E and one parcel of land (hereinafter “instant housing”) with the construction cost of KRW 117,00,000 (26 square meters x 4,500,000 per square year, and value added tax).

3) The Defendant, via a proxy F, agreed with D on August 30, 2018 and September 10, 2018, respectively with the Plaintiff, etc. as follows (hereinafter “instant direct payment agreement”).

B) Indication of real estate: (a) In executing the instant housing unit on the parcel number above H and 8 parcels of land, the Defendant’s agent and the D representative director I confirmed that the construction and completion of the instant housing unit was carried out by the Defendant’s agent and the D representative director I was paid KRW 101,00,000 for the construction cost up to now; and (b) the remainder of KRW 39,000,000 for the construction cost should be paid directly by the owner of the instant housing unit to the Plaintiff, etc. who is the subordinate beneficiary. (c) The instant housing was completed around October 2018 or around November 2018.

B. According to the above facts of recognition, barring any special circumstance, the Defendant rendered the first instance judgment from April 5, 2019, following the delivery of the original copy of the instant payment order to the Plaintiff, etc., as sought by the Plaintiff, etc., according to the instant direct payment agreement, barring any special circumstance.