1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On February 18, 2008, the Plaintiff purchased the instant site 166.4 square meters in Suwon-gu, Suwon-si (hereinafter referred to as “the instant site”), and obtained a building permit (hereinafter referred to as “the instant building permit”) with the five-story detached housing (3 households in multi-household housing) and one-story residential facilities (5.25 square meters), the second floor (81.57 square meters) and the second apartment living facilities (office), the second floor (office), the second floor (office), the second floor (office), the second apartment living facilities (office), the second floor ( office), the second floor (9.57 square meters), the fourth floor (2 households), the multi-family house (85.6 square meters), the five stories (1 household) and the fifth floor (1 household house), the apartment house (1), the aggregate of 464 square meters) and the building permit (hereinafter referred to as “the instant building permit”).

B. The Plaintiff agreed to newly build a residential studio on the instant land with another person who jointly invests, and concluded a contract for construction work with the Defendant on July 25, 2008 by stipulating the contract amount of KRW 370,000,000 during the construction period from July 25, 2008 to November 25, 2008.

The Defendant, on the instant building site, built 4 households with the 90.87 square meters near the 2nd floor (office) in studio, the 3rd floor root (office) with the 4 households with the 81.57 square meters in studio, the 4 households with the 4th floor (2 households) 85.66 square meters in 4 households with the 4th floor (studio), the 5th residential (one household), the 85.6 square meters in 5th residential (one household), and the 85.66 square meters in 4 households with the 5th residential (studio), and on February 21, 2009, completed the registration of preservation of ownership under the name of the Plaintiff after obtaining a false approval for use, as if the construction was executed as

C. On August 1, 2010, the Plaintiff issued an order to restore the building to its original state, on the ground that the building was not constructed upon obtaining the instant building permit from the Suwon-si Construction Division, as indicated in the attached Table, on August 11, 2010, the Plaintiff marked the building as a non-compliant building as indicated in the attached Table, imposed a penalty surcharge of KRW 14,593,000, and issued an order to restore to its original state.

Grounds for Recognition: Each entry of Gap evidence Nos. 1 through 5, the whole purport of the pleading

2. The plaintiff's assertion.