1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.Paragraph 1 of the text of the judgment of the court of first instance.

1. Basic facts

A. The Plaintiff entered into a construction contract on October 24, 201, with respect to the construction work for the construction work for creating four lots, other than 4,060 square meters of forest land C in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “Seoul Sea Site”) from the Defendant (hereinafter “instant construction work”), from October 31, 201 to January 30, 201, with respect to the construction work for the construction work for the remaining sea site, KRW 50,000 (the contract amount of KRW 20 million (payment on October 31, 201), KRW 80,000 for the first installment payment (payment on November 30, 201), KRW 10,000 for the second installment payment (including value-added tax payment on December 31, 201), and KRW 300,000 for the second installment payment (including any remainder payment on December 31, 201), and KRW 300,000,000).

② On November 22, 2011, the Plaintiff entered into a contract with the Defendant for construction works with the construction period of KRW 62,700,000 (including value-added tax) from November 22, 2011 to December 30, 201, with respect to the construction works for the creation of 162 square meters and 526 square meters in Busan-gun, Busan-gun, Busan-gun (hereinafter “the captain of the instant site”) (hereinafter “the captain of the instant site”). On December 30, 201, the Plaintiff entered into a contract with the Defendant for the construction works with the construction period of KRW 61,70,000,000 (including value-added tax).

B. Payment of construction cost and construction cost (1) The Plaintiff received from the Defendant a total of KRW 20 million in down payment and KRW 100,000 in the first progress payment (each value added tax) from the Defendant, and KRW 30,000 in the construction cost of the building site in the instant case.

② As of the closing date of pleadings in the instant case, each of the instant Southern Sea Site and the plane captain site was suspended, and the Plaintiff was also performing construction works by modifying or adding the original design in accordance with the Defendant’s request and the settlement commitments in the process of performing each of the instant construction works. The Plaintiff and the Defendant confirmed that there was no responsibility for the Plaintiff even if pine trees transplantation among the instant Southern Sea Site falls under the additional construction works, and even if pine trees were dead

C. The appraisal result of the first instance appraiser is the same.