1. The defendant's appeal and the plaintiff's incidental appeal are dismissed, respectively.

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

1. Basic facts

4. Estimated cost of a contract for construction project: No. 2 drawing of a substitute construction project (land 300 square meters);

6. The scale of construction: ① The scale of construction work shall be two parts for the civil engineering work (including a stone construction work) of 1,2,3,4,5,10 drawings, and the height may be adjusted according to the on-site circumstances, and shall be agreed upon by both parties;

(2) The packaging work (the site for a road within a parcel shall be consulted in consideration of the field conditions.

(3) Access roads shall be combined rocks to ensure that there is no problem in vehicle traffic.

On January 14, 2009, the Plaintiff entered into a real estate development contract with the Defendant with respect to the land of 3,963 square meters (the land before division; hereinafter “instant land”) of D Forest land in Incheon, Incheon, which is owned by the Defendant, with respect to the construction work of civil engineering packing (hereinafter “instant construction work”) and with respect to the land division procedure (hereinafter “the primary contract”), and the main contents are as follows. The Plaintiff and the Defendant, through oral agreement, excluded the land No. 10 of the instant land from the scope of the construction work, and agreed to include F and G land from the scope of the construction work (hereinafter “second contract”) to include the land of 10 of the instant land in F and G land before division (hereinafter “the second contract”). The first contract and the second contract are collectively referred to as “each of the instant contracts”).

On April 2013, the Plaintiff completed both the instant construction project and the land division procedure under each of the instant contracts.

[Reasons for Recognition] Facts without dispute between the parties, Gap 1 to 3 evidence, Gap 6 to 11 evidence, Eul 1 evidence, Eul 4 to 7 evidence (each number is included; hereinafter the same shall apply), witness H testimony at the first instance trial, and the purport of the whole pleadings

2. Determination on the cause of the claim (such as construction price claim and loan claim)

A. At the time of the first contract, the Plaintiff’s assertion of the construction cost under the first contract of this case was made to receive 300 square meters of land included in the scope of the instant construction work as a substitute.