1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 241,200,00 and the interest rate thereon from November 12, 2016 to the date of full payment.

Basic Facts

On May 1, 2015, the Defendant Company entered into a contract with the Plaintiff on May 1, 2015 that sets the construction cost of KRW 4886.2 million (including value-added tax; hereinafter the same shall apply) for each of the construction works (hereinafter referred to as “instant construction works”) executed with a sample house (hereinafter “instant model house”) within the second floor of the building located in the Si-si as a model house (hereinafter “instant model house”) and the construction period as of June 5, 2015 (hereinafter “instant contract”).

By December 10, 2015, the Plaintiff received a total of KRW 245 million from the Defendant Company as the construction cost under the instant contract (hereinafter “the instant construction cost”) and delivered the instant construction work to the Defendant Company after completing the instant construction work on January 10, 2016.

The Defendant Company purchased each of the instant buildings on August 3, 2015 and completed the registration of ownership transfer on September 1, 2015. On September 18, 2015, the Defendant Company concluded a sales contract for each of the instant buildings (hereinafter “instant sales contract”) with Defendant B on which the instant model house was constructed, and completed the registration of ownership transfer to Defendant B on the same day.

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 1 through 14 (including the provisional number, hereinafter the same shall apply), Eul's evidence Nos. 2, and the plaintiff's assertion as to the plaintiff's claim for construction price against the defendant company of this case as to the judgment of the court of this case as to the plaintiff's claim for construction price against the defendant company of this case, since the construction of this case is completed, the defendant company should pay to the plaintiff the balance of the construction price of this case (=486.2 million won - 245 million won).

Defendant Company: The instant contract entered into an agreement that the instant model house was completed by the change of use and approval for use necessary to use it for its intended purpose, and the Plaintiff did not obtain the permission for change of use and obtain the approval for use from the Plaintiff.