1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

On October 2011, the Plaintiff entered into a construction contract with D and remodeling construction contract (hereinafter “instant contract”) with respect to the 7rd apartment building on the ground of the first floor located in Busan Shipping Daegu, Busan, which is owned by the Defendant (hereinafter “instant building”), and completed the construction work. The Defendant took over D’s obligation to pay the above construction cost, and the amount of KRW 65 million out of the construction cost was paid by the Defendant.

Therefore, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 24,691,00 and delay damages.

Preliminary Claim: The defendant filed a claim for return of unjust enrichment with respect to the building of this case, without any legal cause, gained profits, such as an increase in the value of the building of this case, and thereby incurred losses by the plaintiff, and the amount of unjust enrichment by the defendant is equivalent to the unpaid construction cost.

Therefore, the defendant is obligated to return unjust enrichment to the plaintiff.

On September 19, 201, the Defendant entered into a sales contract with D to sell the instant building and its site (hereinafter referred to as “instant building, etc.”) in KRW 1.24 billion between the Plaintiff and D on September 19, 201.

(B) According to the above sales contract, KRW 20 million shall be paid at the time of the contract, and KRW 20 million shall be paid on October 1, 201, and KRW 200 million out of the remainder shall be paid after two years (one year shall be paid as the bank, and two years after one year shall be paid as the interest of the bank), and the loan shall be KRW 1 billion.

On October 28, 2011, Defendant and D drafted a statement of performance (No. 2) as follows:

① The Defendant and D agree to withhold the instant building from October 28, 2013 (24 months) on the transfer of registration under the name of D.

(2) D shall have 200 million won out of the purchase price for 24 months.