1.The judgment of the first instance is rendered on the basis of a modified claim and an additional conjunctive claim in the trial as follows:

1. Facts of recognition;

A. The Defendant is the owner of a new construction project located in Spocheon-si H (hereinafter “instant construction project”), and the petition flus Co., Ltd. (hereinafter “petition flus”) is the executor of the instant construction project.

B. As to the instant construction project, the Defendant entered into a construction contract with the Sung Water Construction Co., Ltd. (hereinafter “SP”) on the instant construction project, stating that “from April 18, 2011 to October 15, 2011,” and “VAT Do (based on the unit price of construction work according to the contract of the executor),” and concluded a standard construction contract on May 2, 2011 with the Defendant for the construction of Sung Water and the instant construction project from May 22, 2011 to November 30, 201.

C. On May 23, 2011, Sung Water Construction Co., Ltd. (formerly, Mutual Building Industry Development Co., Ltd.) and construction cost of KRW 3,698,460,00 (excluding value-added tax) and from June 1, 201 to September 30, 201, concluded a standard subcontract agreement for private construction works, which are between June 1, 201 and September 30, 201, and subcontracted to the Plaintiff a new construction project on the instant construction project.

On October 4, 2011, the petition flussium issued to the Plaintiff a written contract for the sale of the instant construction (hereinafter “instant building”) with the purpose of settling the construction cost, among the buildings newly built for the instant construction (hereinafter “instant building”) and with a written confirmation prepared and issued to the effect that the contract may be returned if the construction cost is paid in cash after completion and if the construction cost is not paid, the contract for sale may be disposed of at will.

In addition, on October 25, 201, the petition flusium entered into a construction contract with the International Commercial Code Co., Ltd. (JJ, 37) operator, in the form of "Sacheon-si, Gyeonggi-do, Sucheon-do, one of which is the execution company," on the part of the plaintiff on October 25, 201, but has waived the execution and has waived the construction in the form of Sung Water Construction (Co., Ltd.).