1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. The following facts may be acknowledged in full view of the following facts: there is no dispute between the parties; or evidence Nos. 1 to 4; and evidence No. 2; and the purport of the whole pleadings:

On April 2015, the Defendant agreed to withhold the payment of KRW 30 million between the non-party company and the warranty bond for the construction of new buildings listed in the separate sheet (hereinafter referred to as “instant building”) from April 27, 2015 to September 30, 2016, by setting the construction cost of KRW 80 million and the construction period from April 27, 2015 to September 30, 2016.

B. The non-party company employed D as the Plaintiff’s husband as the field manager and completed the new construction of this case. The Defendant obtained approval for the use of the building of this case on April 20, 2016.

C. Accordingly, on April 20, 2016, the representative E of the non-party company occupied the instant building No. F, claiming a lien from around April 20, 2016, and had the Plaintiff and D occupy the instant building G and exercise a lien. The said D also did not receive remuneration of KRW 30 million from the non-party company in relation to the instant new construction project.

On January 25, 2018, the Defendant confirmed that the construction cost not paid until that time with respect to the instant new construction project is KRW 67 million, and among them, KRW 37 million shall be paid to E on the same day, and the remainder of KRW 30 million shall be converted to the deposit money for the lease of the instant building G, and the lease period shall be from January 25, 2018 to May 30, 2018, and the lease period shall be from January 25, 2018 to May 30, 2018, the Plaintiff agreed to pay the Plaintiff KRW 30 million (hereinafter “instant agreement”).

E. On June 15, 2018, the Plaintiff handed over the instant building G to the Defendant.

2. According to the above facts of determination as to the cause of the claim, the plaintiff delivered the building G of this case to the defendant.