The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was owned C. D completed the provisional registration of ownership transfer claim on September 5, 2013 on the ground of the pre-sale agreement as of August 12, 2013, and completed the principal registration of ownership transfer based on the said provisional registration on February 23, 2015.

B. The Defendant completed the registration of ownership transfer on May 27, 2016 on the instant real estate by reason of sale on May 16, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 (including provisional number), purport of whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion was not received KRW 466,613,020 (= KRW 458,000,000) in total, KRW 466,613,020 in construction cost, and KRW 8,613,020 in performance of authorization and permission procedures, although the Plaintiff concluded a construction contract to create a site of KRW 602,80,00,00 with respect to the instant real estate (hereinafter “instant construction contract”) and performed construction on May 16, 2016, even though the construction was performed until May 16, 2016.

Therefore, pursuant to Article 203(2) of the Civil Act, the Defendant, who is the final buyer of the instant real estate, is obligated to pay to the Plaintiff the said KRW 466,613,020, which is the expenses paid by the Plaintiff for the creation of the site for the instant real estate, as well

B. Article 203(2) of the Civil Act provides that “The amount disbursed by the possessor to improve the possessor’s possession and other beneficial expenses may be claimed to reimburse the amount of expenditure or the increased amount in accordance with the option of the person to recover, only if there is an increase in the value thereof.”

In addition, the right to claim reimbursement of beneficial expenses against the person who restored the property under Article 203(2) of the Civil Act is established when the possessor is not entitled to legally possess such property as a contractual relationship, and is obligated to comply with the owner's claim for return of the property. In such cases, the possessor at the time of disbursement of the expenses.