1. The plaintiff's claim is dismissed.

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

1. Conclusion and notification of a contract for transferring or taking over a claim for work price;

A. A. Around December 2012, the Defendant concluded a construction contract with C on March 30, 2012, stipulating that “The owner shall not be liable for the unpaid materials and personnel expenses of the contractor in addition to the normal payment, and the contractor shall not transfer the assignment, etc. of the construction expenses to a third party for the main construction expenses.”

B. The Defendant paid C totaling KRW 294,740,000 as construction price, and the said multi-family house was approved for use on October 23, 2012.

C. On June 5, 2015, C entered into a contract to transfer the amount payable to the Plaintiff KRW 95,260,000 among the instant construction cost, and notified the Defendant of the transfer on June 11, 2015.

2. Determination on the cause of the claim

A. Regarding the Plaintiff’s claim seeking the payment of the acquisition amount by transfer by the parties, the Defendant asserts that C has no obligation to pay to the Plaintiff since there exists a special agreement prohibiting transfer of the claim for construction cost, even if the unpaid construction cost exists, even if the unpaid construction cost exists.

B. In light of the following circumstances, even though the approval for use of the instant building was granted on October 23, 2012, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that C completed the construction work under the construction contract, and there is no other evidence to prove otherwise.

① Although installation of air conditioners, air conditioners, washing machines, TV, etc. was included in the construction work details, the Defendant directly purchased them.

(2) around September 2012, the defendant and C shall apply for approval for use.