1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

1. The facts of recognition are the same as the reasons for the judgment of the court of first instance, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. As to the Plaintiff’s claim 1, the 4th and the 1st underground floor building located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant building”).

Although the amount of reasonable construction cost incurred for reconstruction without violating the Building Act is 17,952,00 won, the Defendant, by deceiving the Plaintiff regarding the amount of construction cost required, received KRW 150 million from the Plaintiff as the construction cost. The construction contract for the instant building (hereinafter “instant construction contract”).

(2) Since the Defendant’s deception was concluded by the Defendant, the instant statement of grounds of appeal against the Defendant is revoked by the delivery of the instant statement of grounds of appeal against the Defendant. Nevertheless, the instant construction contract constitutes a juristic act in social order or an unfair juristic act, and thus, the said deception by the Defendant constitutes a tort against the Plaintiff. Meanwhile, the Defendant is obligated to pay the Plaintiff 150 million won (in the case of return of unjust enrichment, at least 132,048,000 won, which is the difference between the construction cost and the appropriate construction cost, in the case of return of unjust enrichment) and delay damages. 2) As to the instant claim 2, the Defendant’s execution of construction works on the fourth and fifth floors of the instant building (hereinafter “instant construction”) by violating the Building Act constitutes a nonperformance or a tort against the construction contract of this case, thereby causing damage to the Plaintiff, including removal and reconstruction cost 2832 million won, enforcement fine, KRW 6120,000,000 won, KRW 4444 million.

The defendant is obligated to pay damages to the plaintiff 4,440,000 won and damages for delay.

B. As to the first claim, the Plaintiff first priority on the underground floor and the third floor of the instant building in the instant complaint.