1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant was awarded a contract with the Plaintiff for the construction of D apartment (hereinafter “instant apartment”) on the ground of Daegu Southern-gu C.

B. On January 25, 2016, the Plaintiff prepared and delivered to the Defendant a statement of accounts for construction cost (hereinafter “instant statement of accounts”) with the following title, “The real estate sales comparison table for the payment of construction cost” (hereinafter “instant statement of accounts”).

The Plaintiff’s remaining construction cost to be paid to the Defendant (i.e., KRW 175 million x KRW 23 square meters x KRW 7.5 million x KRW 7.5 million x KRW 492 million x 23 square meters x KRW 4.6 million G, KRW 29.6 billion Ha heading 288 billion ; KRW 1.575 billion x KRW 1.575 billion x 2.75 billion x 75 billion x 2.75 billion x 75 billion x 2.75 billion x 75 billion x 2.5 billion x 75 billion x 575 billion x 2.5 billion x 75 billion x 2.75 billion x 75 billion x 575 billion x 505 billion x 1,305 billion x 505 billion x 705 billion ,2500 million - one billion ,5000 million .

C. On January 29, 2016, the Plaintiff remitted to the Defendant KRW 50 million, and KRW 20 million on February 24, 2016, respectively.

After the settlement statement of this case was prepared, the plaintiff and the defendant separately prepared a substitute payment contract in order to move the apartment units E, F, I, H, and G to the defendant.

E. On March 18, 2016, the Defendant completed the registration of ownership transfer based on the instant apartment E and F, “payment in substitutes as of February 29, 2016,” and completed the registration of ownership transfer based on the instant apartment E and F, “payment in substitutes as of February 29, 2016.” On March 22, 2016, the Defendant completed the registration of ownership transfer based on “payment in substitutes as of February 29, 2016.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 8, 9 (including additional numbers, if any) and the purport of the whole pleadings.