1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 24, 2018, the Plaintiff contracted the Defendant with the construction cost of KRW 100,00,000,000 for the construction cost of the Seo-gu, Seo-gu, Seo-gu, D ground buildings (hereinafter “instant construction”) and two structural works (the Plaintiff paid KRW 20,00,000 for the commencement of construction works, KRW 30,000 for the 2nd floor permanent building, KRW 20,000 for the 2nd floor permanent building, and KRW 10,000 for the completion of construction, respectively) and the construction period from June 25, 2018 to August 5, 2018.

(hereinafter “instant contract”). (b)

The Defendant commenced the instant construction work in accordance with the instant contract, and the Plaintiff paid KRW 90,000,000 to the Defendant on June 11, 2018, ② KRW 30,000,000 on June 22, 2018, ③ KRW 30,000,000 on July 22, 2018, and ④ KRW 20,000 on July 23, 2018.

[Grounds for recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings

2. The cause of the claim and the judgment thereof

A. The cause of the claim (the gist of the Plaintiff’s assertion) took place only with respect to the structural construction up to the second floor columns of the instant construction, and ceased construction on July 25, 2018. Accordingly, the Plaintiff paid or expected to pay KRW 112,351,950 in total in order to cancel the instant contract and to complete the instant construction on the grounds of the Defendant’s nonperformance of obligation.

Therefore, 90,000,000 won paid by the Defendant should be returned to the Plaintiff as unjust enrichment.

B. In the event that a contract for construction works is rescinded on the ground of a contractor’s default, if the construction is considerably advanced at the time of the cancellation, and the restoration to the original state would seriously cause social and economic loss, and the completed part would benefit the contractor, the contract shall be invalidated only for the completed part, the contractor shall deliver the building to the contractor as it is cancelled, and the contractor shall establish a right and duty relationship between the contractor and the contractor shall pay the remuneration for the completed building,

Where a construction contract has been rescinded even, the contractor shall be the contractor.