1. Of the part concerning the counterclaim in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who exceeds the following amount ordering payment.

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence 1 to 3, Eul evidence 13, 15, 16, and 24 (including paper numbers; hereinafter the same shall apply), the result of the on-site inspection by the court of first instance, the result of the on-site inspection by the court of first instance, and the whole purport of the pleadings:

On July 26, 2013, the Plaintiff purchased 529.7 square meters (hereinafter “instant land”) in Seocheon-gu, Seocheon-gu, Seocheon-gu, Incheon (hereinafter “instant land”) through auction, and completed the registration of ownership transfer on the same day.

B. On May 29, 2014, the Plaintiff concluded a contract with the Defendant on July 30, 2014, setting the construction cost of KRW 3.3 billion (including value-added tax) for the construction of accommodation facilities on the instant land (D hotel construction; hereinafter “instant construction”); and the date of commencement as of July 30, 2014.

(hereinafter “instant contract”). The instant contract was concluded by the Plaintiff and the Defendant with a written contract (hereinafter “instant contract”) and the part relating to the instant contract is as follows:

Article 22 (Cancellation, etc. of Contract A) (1) A (referring to the plaintiff; hereinafter the same shall apply) may cancel or terminate all or part of the contract in any of the following cases:

1. Where a Eul (referring to a defendant; hereinafter the same shall apply) fails to commence construction works despite the lapse of the agreed date of commencement without any justifiable ground;

2. Where it is evident that there is no possibility of completing construction works within the completion date due to the grounds referred to in subparagraph (b).

3. Other cases where it is deemed impossible to achieve the purpose of the contract due to the violation of the contract terms of Eul.

(3) B shall, upon receiving the notification under paragraph (2), observe the following matters:

1. He shall suspend the construction without delay and remove all the construction machinery from the construction site;

2. Materials for payment pursuant to the provisions of Article 8;