1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 30, 2014, the Plaintiff contracted the Defendant with the construction of a new neighborhood living facility and multi-family house on the ground level 268.8m2 (hereinafter “instant land”).

(hereinafter referred to as the “instant contract”). B.

According to the above contract, the defendant constructed the neighborhood living facilities and multi-family houses of the fourth floor (hereinafter referred to as the "building of this case") on the land of this case.

[Evidence: Facts without dispute, Gap 1, 2, 3, and Eul 1]

2. The parties' assertion

A. Under the Plaintiff’s assertion, the construction area was 200 square meters in total, and the construction cost was 3 million won in average, and the total construction cost was 600 million won in total (200 square meters x 3 million won in total).

However, on the building ledger of the building of this case constructed by the defendant, the total floor area of the building of this case is merely 494.09m2 (149.7m) and the construction area of this case, including non-extensiony balcony and multi-storys (181.29m) is 59.31m2 (181.29m). In the case of non-extensiony and multi-story floors, the customary practices (defluence rate) in the construction industry applying only 50% to only 70% to each of the 581.19m2 (175.81m) are nothing more than the total construction area.

Therefore, the defendant has a duty to return 72,570,000 won (24.19 square meters) equivalent to 24.19 square meters (200 square meters - 175.81 square meters) of the insufficient construction area (24.19 square meters) out of 600 million won received.

B. The defendant's assertion that the contract of this case set the price per the average construction area at three million won, set the construction area at 200 square meters, and set the construction area at 200 square meters, not set a total of 60 million won, and that the contract of this case set the total construction amount at 60 million won for the construction works executed according to the design drawings (total construction area is 651.86m2 (p) 197.19

(2) At the time, the Defendant entered into an agreement with the Defendant on the construction work of a similar scale in the vicinity of the instant land, and thus, the Plaintiff requested the Defendant to do the said construction work and agreed on the construction work amounting to KRW 650,000,000,000,000.