1. The plaintiff's claim is dismissed.

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

1. Grounds for claim;

A. On March 21, 2011, the Plaintiff concluded a contract with the Defendant for construction and sales of an apartment (hereinafter “instant apartment”) with the total construction cost of KRW 24 months from the commencement date of the construction period, the total construction cost of KRW 27,955,400,00 (the net construction cost of KRW 25,342,800,000, the sales cost of KRW 22,612,60,000,000, and the additional tax).

B. Around November 11, 2011, the Defendant commenced the instant apartment construction, but suspended the construction work around September 2013 due to lack of execution capacity.

At the time, the fairness rate of the apartment of this case is only 29.13%, and the progress rate has exceeded 20%.

C. The construction cost for the above process ratio that the Plaintiff is liable to pay to the Defendant up to that time is KRW 7,382,357,640 (total construction cost of KRW 25,342,80,000 x 29.13%) and the sale-related service cost is KRW 1,537,253,640 (total sale cost of KRW 2,612,60,000 x 58.84%) and its total amount is KRW 8,919,61,280. Since the amount actually paid to the Defendant is KRW 9,884,071,088, the amount actually paid to the Defendant, the Defendant’s excessive KRW 964,459,808 shall be returned to the Plaintiff as unjust enrichment.

Of them, the return of KRW 25,000,000 shall be claimed as part of the amount.

2. The descriptions of Gap evidence 1 to Gap evidence 5-2 alone are insufficient to recognize the above facts of the reasons for the claim, and there is no other evidence to prove otherwise.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.