1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 16, 2012, between C and C, the Defendant entered into a construction agreement with C on the construction work with the content of the construction work for the construction work for the construction work for the second floor unit (E) on the D ground (hereinafter referred to as “C”), the construction work for the construction work for the construction work of the second floor (E), the construction work period for the construction work within KRW 244,000,000, and one week from the date of commencement of the construction work or from the date of receipt of the construction permit.

B. On July 21, 2012, the Defendant, upon C’s request, changed the design from the 2nd floor to the 1st floor detached house, and reduced the construction cost to 210,000,000 won. However, on the date of the change contract, the Defendant deducted the 141,500,000 won already paid as the progress payment from the 68,50,000 won and deducted the 20,000 won from the 68,50,000 won, and within 12 days from the date of the change contract, entered into a construction work alteration contract (hereinafter “instant change contract”).

C. The Defendant completed the registration of transfer of ownership on January 31, 2013 with respect to a newly built reinforced concrete structure (framed reinforced concrete roof detached house 137.64 square meters, after completion of the said construction.

[Reasons for Recognition] A without dispute, Gap evidence 1 (=No. 2-1), Gap evidence 2 (=No. 4), and Gap evidence 3 (=No. 7)

2. At the time of the Plaintiff’s assertion, at the time of the instant change contract, C entered into a contract for construction work with the Defendant, with the content that only the aggregate of KRW 48,500,000,000 for the first and second progress payment of KRW 10,000 for the second stage payment of KRW 18,50,000 for the second stage payment, and the remainder of KRW 20,000 for the second stage payment of KRW 20,50,000 for the remainder payment of KRW 48,50,000 for the remainder.

In accordance with the above construction contract, the Plaintiff completed the remainder interior work except for the construction of floor board on the floor, but completed the first progress payment out of the construction cost of KRW 48,50,000 from the Defendant.