1. The defendant shall be the plaintiff.

(a) As regards KRW 98,500,000 and its KRW 19,700,00 among them, December 14, 2011 to KRW 39,400.

1. Facts of recognition;

A. The Defendant was a company primarily established for the new construction of housing, and was running real estate development projects in B at the same time.

B. The Plaintiff, a foreigner with the English nationality, agreed to newly construct a house on the ground of 873 square meters (hereinafter “instant land”), which is a part of the land in which the Defendant had been running the development project, and concluded a contract with the Defendant on December 13, 201, stipulating that a construction project for constructing a new 45 square meters on the ground of 660 square meters on the instant land among the instant land shall be executed between the Defendant and the construction cost of 197,00,000, and the construction period of 197,000,000 and April 19, 2012.

C. On December 14, 201, the Plaintiff paid 19,700,000 won to the Defendant as the down payment, and 39,400,000 won as the intermediate payment, respectively, on March 20, 2012. The Plaintiff purchased the instant land on January 15, 2012, and completed the registration of ownership transfer on February 15, 2012.

However, without starting the instant construction work, the Defendant transferred the construction period on April 19, 2012, and the Plaintiff and the Defendant concluded a modified contract with the effect that, on May 30, 2013, the construction area of 52 square meters and the construction period from June 1, 2013 to November 30, 2013, the construction amount of 167,000,000 won, which shall be calculated by deducting the remainder of 98,50,000 won from the down payment already paid and the total of 1,200,000 won from the late payment, and the remainder of 68,50,000 won, which shall be paid to the Plaintiff after completion by the Plaintiff and the Defendant delay the construction work (hereinafter “instant construction contract”).

E. Even thereafter, the Defendant did not start the instant construction as a matter of authorization and permission from the competent authorities, securing access to the instant land, etc.

F. On September 13, 2014, the Plaintiff filed the instant lawsuit against the Defendant seeking the return of the construction cost that was already paid to the Defendant, and on September 17, 2014, the Plaintiff will implement the instant construction contract and proceed with the construction work by implementing the instant construction contract to the Defendant by September 30, 2014.