1. The plaintiff's claim that the court changed in exchange is dismissed.

2. The Plaintiff’s total costs of litigation.

1. Basic facts

A. The Defendant contracted the construction of a new E (hereinafter referred to as the “instant housing”) that is a multi-family housing of the fourth floor above the D of the Masan-si, Changwon-si, Masan Construction Co., Ltd. (hereinafter referred to as the “Masung Construction”).

B. On July 18, 2013, the Dairy Construction subcontracted to the Plaintiff the instant new housing construction cost of KRW 220,000,000 (including the cost of construction for the pentaging pentaging pentaging pentaging pentaging pentaging pentags (including KRW 32,535,70), among the instant new housing construction works.

C. On August 15, 2013, the Defendant issued a contract for sale in lots with six generations of HS Nos. 102, 202, 303, 402, 403, and 404 to secure the payment of the new construction cost of the instant house for flexible construction.

In order to secure the payment of the construction price of this case to the plaintiff at that time with the consent of the defendant, the contract for sale in attached Form E 202 (213,840,000 won) was delivered.

The flexible construction paid to the Plaintiff KRW 8,00,000 on July 26, 2013, KRW 10,000 on September 2, 2013, KRW 10,000 on September 2, 2013, KRW 30,000 on November 4, 2013, and KRW 48,00,00 on a total of KRW 48,00 on November 4, 2013.

E. In September 2013, the Plaintiff discontinued the instant construction with the completion of only part of the miscellaneous steel works, such as a rail snick, among the instant construction works, and the construction work.

The construction work of this case was suspended due to the payment of the construction cost of flexible construction even other subcontractors of the construction work of this case.

F. The Defendant requested the Plaintiff to perform the instant construction project several times, but did not comply with the Plaintiff, and demanded the Plaintiff to return the sales contract of the real estate stated in the attached Form on December 6, 2013 and December 27, 2012.

G. On January 2014, the Defendant contracted the remaining parts of the instant construction to J (F company) and completed the instant construction project by entering into a contract with K company with the remaining parts of the instant new construction project.

H. On July 21, 2014, the Defendant is on the real estate stated in the attached Form B.