1. As to the Plaintiff (Counterclaim Defendant)’s KRW 83,975,588 and its KRW 71,043,887 among the Plaintiff (Counterclaim Plaintiff) and the Plaintiff’s counterclaim, September 6, 2016.

1. Facts of recognition;

A. On July 2015, the Plaintiff and the Defendant excluded the Plaintiff from a building permit of 100 square meters of floor area on the ground of 8682 square meters of D forest land in the Dong-si, Dong-si (hereinafter “instant land”), which is owned by the Plaintiff, but is a total of 13.33 square meters if the total area of stairs and bar-parks included in the construction area is added to 33.33 square meters.

A contract for construction work (hereinafter referred to as "the contract of this case") was entered into on August 17, 2015 with the construction cost of KRW 150 million for construction work, August 17, 2015 for construction work, and October 20, 2015 for construction work, which newly constructs a single-story house on the ground of which the Defendant is awarded a contract (hereinafter referred to as "the contract of this case").

B. In accordance with the instant contract, around September 2015, the Defendant started and continued to undertake the construction of the said detached house on August 17, 2015, the Plaintiff completed a design change that changes the size of the said detached house into one story on the ground with a floor area of 197.75 square meters on the ground of a floor area of 100 square meters, one story on the ground of a floor area of 197.75 square meters on the ground of a floor area of 197.75 square meters, an underground floor of a floor area of 36.8 square meters on the floor area, and multiple stories with a floor area of 97.75 square meters

The total floor area of 197.75 square meters was included in the area of a building permit as well as the part of 33.33 square meters excluded from the initial building permit, and the total floor area of 197.75 square meters was included in the area of a new building permit. Although it was excluded from the building permit, the total building area of 1st floor is 206.35 square meters if the total building area of 8.6 square meters is added to the area of a stairs included in the construction

C. On December 29, 2015, when the Defendant continued to construct a new house in accordance with the modified design drawings (hereinafter “new construction project”), the Plaintiff expressed to the Defendant the intent to terminate the instant contract on the grounds that the Defendant did not perform its duty under the instant contract due to the suspension or delay of the new construction project in this case.

As above, the Plaintiff expressed to the Defendant the intent to terminate the instant contract.