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

A. The gist of the Plaintiff’s assertion 1) from the Defendant on August 23, 2013, 2013, the construction of the 2.8 billion won for the 3,383,821,724 Won (the contract amount and the cost paid by the Plaintiff on behalf of the Defendant in the process of construction), and the construction cost paid by the Defendant to the Plaintiff is KRW 2,429,156,473, and the unpaid construction cost is KRW 954,65,251 (= KRW 3,383,821,824 – KRW 2,429,156,473). However, even if the claim for construction cost is not recognized, the said contract was cancelled due to the Defendant’s cause attributable to the contract, and thus, the Defendant is obligated to pay the Plaintiff KRW 954,65,651,651 due to the cancellation of the contract.

(B) While the Plaintiff seeks restitution due to the cancellation of the contract, it asserts that the scope of restitution is KRW 954,665,251, which is the amount calculated by deducting the amount the Defendant paid to the Plaintiff from the total amount of the construction cost, etc. paid by the Plaintiff under the said contract

Judgment

1) According to the statement in Gap evidence No. 2, the fact that there exists a contract agreement on construction works entered into between the plaintiff and the defendant in relation to the "Seoul-do Multi-household Housing Construction Project" is acknowledged. The plaintiff asserts that the contract for construction works entered into with the defendant based on the above contract, and the defendant claims the construction cost, as the above contract is not the contract but the land sales contract in substance (the plaintiff purchases the land owned by the defendant, obtains a building permit under the name of the defendant, and obtains profits by newly building and selling the building on that land, and the defendant asserts that there is no reason to receive the land price from the plaintiff and pay the construction cost not paid

The plaintiff's claim of this case is based on the premise that the above contract entered into with the defendant constitutes a contract for construction works.