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

A. On September 3, 2014, the Plaintiff entered into a contract with the Defendant under which the Plaintiff entered into a contract with the Defendant, setting the construction cost of KRW 688,60,000 (including value-added tax) for each land of 9520 square meters of woodland C (former lot number D) and 2687 square meters of woodland E (former lot number F) owned by the Plaintiff (hereinafter “each of the instant land”). The Plaintiff entered into the contract with the Defendant on the terms that the Plaintiff set the construction cost of KRW 688,60,000 (including value-added tax), September 3, 2014, and June 30, 2015 of the scheduled date of completion (hereinafter “instant contract”).

B. The Defendant suspended the instant construction work on or around December 2014 while performing the instant construction work.

C. The Plaintiff paid the Defendant totaling KRW 450,00,000 as the instant construction cost, KRW 330,000,000 on December 31, 2014, and KRW 120,000 on January 30, 2015.

On June 24, 2015, the Plaintiff sent a content-certified mail (hereinafter “instant content-certified mail”) notifying the cancellation of the instant contract on the ground that the Defendant performed the instant construction, on the ground that the part to be constructed with “L-type retaining wall” according to the design drawing was not properly performed by the Defendant, such as constructing the said part as “L-type retaining wall” as “a retaining wall of reinforced block,” and that the said mail was served to the Defendant around that time.

E. On November 18, 2015, the Plaintiff was indicted of violating the National Land Planning and Utilization Act, etc. on the ground that the Plaintiff changed the form and quality of mountainous district without obtaining permission for change of mountainous district conversion and received a summary order of KRW 5,00,000 from the Suwon District Court on the ground that the said summary order was finalized around that time.

(U) The fact that there is no dispute on the ground of recognition / [based on recognition], described in Gap evidence Nos. 1 through 4, and 9 (including each number; hereinafter the same shall apply), witness G’s testimony, fact inquiry results about the realization of this court, and the purport of the entire pleadings.

2. The plaintiff's assertion

A. The Defendant is performing the instant construction work and the Plaintiff.