A. (1) On October 1, 2013, the Plaintiff entered into and suspended the instant construction contract (i.e., the conclusion and suspension of the instant construction contract) the construction contract with the Defendant to newly construct two multi-household houses on the ground level B of Changwon-si, Changwon-si, Seoul Special Metropolitan City (hereinafter “instant construction contract”).

(2) On or before October 21, 2013, the Plaintiff filed a claim with the Defendant for the payment of KRW 498,000,000 as well as the payment for delay thereof under the instant construction contract. However, the Defendant paid the Plaintiff KRW 80,00,000 on March 11, 2014, respectively, and did not pay the remainder of the construction cost requested by the Plaintiff, disputing the amount of the remainder of the construction cost.

Ultimately, the Plaintiff and the Defendant agreed to terminate the said construction contract on March 31, 2014. The Plaintiff and the Defendant agreed to terminate the said construction contract, and concluded an agreement on the adjustment of construction work to determine the construction cost of the parts of the period of construction work executed by the Plaintiff as totaling KRW 560,000 (hereinafter “the construction cost of the instant period”) until the termination, thereby deducting KRW 145,000,000, which was the remainder of KRW 415,000,000, which was paid by the Defendant.

Accordingly, according to the above agreement, the Defendant paid KRW 30,000,000 to the Plaintiff from April 11, 2014 to June 5, 2014.

B. (1) On June 5, 2014, the Defendant entered the instant payment contract in the separate sheet (hereinafter referred to as “instant building”) with the Plaintiff in order to pay the remainder of the construction cost of the instant payment of KRW 100,820,000 (=the remainder of the construction cost of KRW 85,00,000 (=560,000,000 - 145,000,000 - 330,000,000) for delay damages of KRW 15,820,000)

As the purchase price of the above building is transferred to the Plaintiff, the purchase price of the above building shall be KRW 100,820,000, and the Defendant shall not be limited to the Plaintiff by June 24, 2014.