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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 14, 2014, the Plaintiff entered into a contract with the Defendant to construct a building project with the 183,300,000 square meters of construction cost (excluding value-added tax) on the land owned by the Defendant, for a detached house of 97.09 square meters and 53.25 square meters of a second floor on the land owned by the Defendant (hereinafter “the building of this case”).
B. After that, the Plaintiff and the Defendant agreed to construct two buildings (hereinafter “the building No. 2”) on the ground of the land owned by the Defendant E, the following: (a) the construction amount was set at the same amount as that of the building No. 1.
C. The Plaintiff and the Defendant stipulated in a special agreement that “the first contract amount shall be approximately KRW 400,000,000,000” in the standard form of construction contract for the instant building No. 1.
In the instant building 1, the design area was changed to 9.4 square meters for the first floor and 107.87 square meters for the second floor during the construction process. Of the instant building 2, the first building area was 107.98 square meters for the first floor and 91.73 square meters for the second floor, and the second building area among the instant building 2 was 80.64 square meters for the second floor.
E. The Plaintiff awarded a subcontract to F, a construction business operator, with the interior wooden works and interior interior works of the instant building Nos. 1 and 2. However, the subcontract price was set at KRW 62 million for the relevant part of the instant building, KRW 68 million for the relevant part of the instant building No. 2, and KRW 130 million for the aggregate of the relevant part of the instant building No. 1, and KRW 130 million.
F. Around August 8, 2014, the Plaintiff completed the instant building No. 1, and around October 14, 2014, the instant building No. 2. The Defendant filed an application for approval of use of the instant building No. 1 at Ysan-si on August 8, 2014, and around October 14, 2014 for approval of use of the instant building No. 2.
G. On September 1, 2014, the Plaintiff and the Defendant drafted the following agreements with the content that the construction cost of the instant building Nos. 1 and 2 is KRW 470 million.
(hereinafter referred to as the “instant agreement”). Heasan C C and G Village D and his parents shall be the content of the agreement.