1. The Plaintiff (Counterclaim Defendant) paid KRW 8,168,356 to the Defendant (Counterclaim Plaintiff) and its related amount from May 1, 2013 to February 12, 2015.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

Plaintiff

The new construction of the building owned C by the Plaintiff around January 2008, upon the request of the Plaintiff to construct a new building on the land of the member-gu Seoul Special Metropolitan City (hereinafter referred to as the “C building”) from the Plaintiff, the Defendant started the new construction on or around March 1, 2008 and obtained approval for the use of the building on or around July 22, 2008.

Plaintiff

The Plaintiff and the Defendant, around April 2008, agreed to purchase the land owned by the Defendant and the land owned by the Defendant, and the Plaintiff purchased the land owned by the Plaintiff and newly construct the same five-story building in the same form as that of the land adjacent to the Defendant, and to pay the construction cost first to the construction business operator by using the Plaintiff’s cash card, and to bear one half of the construction cost after completion.

On June 21, 2008, the Defendant commenced the construction of the above D ground buildings owned by the Plaintiff (hereinafter “D buildings”) and the construction of the above E-ground buildings owned by the Defendant (hereinafter “E buildings”) and obtained approval for the use of each of the above buildings on February 13, 2009 and March 9, 2009.

[Attachment 1] The Plaintiff paid a total of KRW 694,579,395 as stated in [Attachment 1] attached Table 1] to the Defendant or the construction business operator, as a result of the absence of dispute, the entry of evidence Nos. 42, 44, and the purport of the entire argument by the parties concerned, and the cost of construction of a new building C owned by the Plaintiff to the Plaintiff.

At the time the Defendant concurrently constructs the Plaintiff’s D building and E-building owned by the Defendant, the sum total of KRW 551,796,200, the Plaintiff’s total sum of the construction cost under the method that the Plaintiff pays to the Defendant or directly pays to the construction business operator, is KRW 551,620,70.

A. The payment was made.

Therefore, the Defendant is obligated to pay KRW 261,148,400, which the Plaintiff seeks within the scope of 1/2 of the construction cost stated in the above 2 paragraphs paid to the Plaintiff.

C. A building owned by the Plaintiff.