1. The Defendant’s KRW 77,147,870 as well as the annual rate of KRW 5% from November 1, 2018 to December 19, 2019, and the following.

1. Facts of recognition;

A. On May 12, 2017, with regard to the construction of neighborhood living facilities and detached houses located in Gyeongdong-gun, Gyeongdong-gun, the Plaintiff: (a) the Defendant designs the 4th floor above the above land; (b) the 1st floor is the parking lot (number of parking lots); (c) the 2nd floor is the commercial building; and (d) the 3nd and fourth floor is the first building building construction permit; and (c) the Plaintiff newly constructs the building accordingly; (d) the Defendant alters the 162.72 square meters of the 1st floor of the above building to the commercial building; and (e) the procedures necessary for the change of the said building permit; (c) the Plaintiff would extend the said building after the building permit was changed; and (d) the Plaintiff concluded a building design contract (hereinafter referred to as the “instant contract”) with the Defendant to pay the 6,700,000 won to the Defendant to delegate the said building permit and the change permit.

B. The Defendant filed an application for building permit under the instant contract, including the entire area, even though the entire area of the balcony in the form of expansion of the residential part among the design of the instant case was not included in the residential area.

As a result, it was impossible to change the building permit to 162.72 square meters for the first floor area of the above building.

C. On December 12, 2017, the Plaintiff completed the construction of the building indicated in paragraph (1) of the attached Table according to the instant design. On February 21, 2018, the Plaintiff extended the said building following the alteration of design and construction permission, which changed the 1st floor of the building into 118.37 square meters, into 117 square meters, and the said building became a building listed in paragraph (2) of the attached Table (hereinafter “instant building”).

As of the date of the closing of argument, the value of the instant building is KRW 532,192,610, and the value of the building that was completed with the area of the first floor as 162.72 square meters according to the instant contract is KRW 569,190,480, and the amount equivalent to the rent for the area of 43.86 square meters among the buildings that were completed under the instant contract is KRW 8,030,000 per annum.

[Reasons for Recognition]