1. The judgment of the first instance is modified as follows.

A. The Defendant’s KRW 77,136,594 and the Defendant’s payment thereof on June 1, 2016.

1. Facts of recognition;

A. On April 29, 2015, the Plaintiff entered into a contract with the Defendant to purchase KRW 605,000,000,000 (hereinafter “instant housing site”) prior to the Gyeonggi-gun, Gyeonggi-do, the Defendant’s Gyeonggi-do (hereinafter “instant housing site”) to purchase KRW 19,80,000, and paid the down payment to the Defendant.

B. Since then, the Plaintiff obtained a building permit from the competent authority under the name of the Defendant, and had E perform the new housing construction work.

(c)

The Plaintiff completed the registration of ownership transfer on August 26, 2015 with respect to the instant housing site in the Plaintiff’s name, and on September 9, 2015, with respect to the housing on the ground of sale on its own, and on May 18, 2016, with respect to the housing on the ground of the said housing site, the Plaintiff completed the registration of ownership preservation.

(d)

In order to secure access roads to the above housing, the Plaintiff entered into a contract to purchase the Gyeonggi-si H of Gyeonggi-do adjacent to the instant housing site on July 11, 2015, and G on September 3, 2015 with the Defendant’s introduction, and completed the registration of transfer of ownership in the name of the Plaintiff on or around September 2015.

E. The Plaintiff, as the Defendant’s proposal, paid to the Defendant KRW 90 million for construction work to strengthen the existing stone festivals on the Gyeonggi-gun G and H ground (hereinafter “existing stone festivals”), and paid KRW 90 million for construction work for stone festivals (i.e., KRW 40 million on September 10, 2015) to the Defendant (i.e., KRW 30 million on October 26, 2015).

F. The Defendant directed F, a construction business operator, and completed stone construction work on the existing stone shed from September 10, 2015 to December 4, 2015.

G. Since February 2016, the Defendant’s construction of stone drums collapse partially (hereinafter “the primary collapse”) and the Defendant’s side partly repaired on May 3, 2016 (hereinafter “the secondary collapse”). However, around May 3, 2016, the said stone drums collapse partially at two-lanes (hereinafter “the second collapse”). (h) The Plaintiff was given an administrative guidance at the Gyeonggi-si Office of Gyeonggi-gu, which withdrawal of appropriate measures with regard to the said stone drums collapse, and was partially removed the existing stone drums and reconstruction construction.

I. Meanwhile, on the other hand.