The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed.

(b) actions;

1. Basic facts

A. On October 14, 2015, the Plaintiff concluded a contract with the Defendant during the construction period from October 2015, 2015 to December 31, 2015, with the construction cost of a new building and appurtenant civil works, the construction cost of KRW 260,000,000 (Separate Value-Added Tax), and the construction period of KRW 260,000 (Separate Value-Added Tax), from October 20 to December 31, 2015.

Then, the Plaintiff and the Defendant divided the instant new construction into the building construction and the ancillary civil construction works, and drafted a contract for the alteration of each construction cost of KRW 187,50,000 and KRW 72,500,000, and set the period from October 20, 2015 to January 31, 2016 (hereinafter “the instant construction contract,” and the rate of delayed prize was 1/1000 of the down payment per day (hereinafter “the instant building”). (b) As to the instant land, the Plaintiff and the Defendant began to perform civil engineering design work from May 2012, 201, which is a surveying and designing company, for the instant land. The Civil engineering work of the instant land was conducted on or around October 2013.

(c)

On September 2015, the Plaintiff acquired the ownership of the instant land, and E performed civil engineering design work around October 2015 to November 201, 2015.

(d)

Meanwhile, the Plaintiff entered the construction design of the instant building in the D General architect office, and entered into the instant construction contract and issued only the construction design drawings prepared by D General architect office to the Defendant.

E. Around the end of January 2016, the Defendant completed the construction process of the instant building itself, and the Plaintiff requested a considerable amount of restoration design to F, a survey and design company, “E” to F, a survey and design company.

As a result of surveying the current status of the instant land by F, it was found that the content and current status of the civil engineering design on the slopes at the time of permission for development activities and mountainous district conversion permission received the building permission of this case and mountainous district conversion permission were different.

F. On February 23, 2016, the Defendant received the civil engineering design drawings for the instant land from “E” and implemented the civil engineering works on the slope of the instant land (hereinafter “civil engineering works”).