1. The plaintiff's claim is dismissed.

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

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 to 4 (including paper numbers):

On October 23, 2017, the Plaintiff’s Defendant and the construction cost are “3.5 million won per square year,” and the method of paying the construction cost is “the first: the contract; the retainer amount is “the first: the contract; the intermediate payment is KRW 10 million on October 23, 2017; the intermediate payment is KRW 20 million on October 27, 2017; the third: intermediate payment: the intermediate payment is KRW 0,000,000 at the time of completion of design; the remainder survey (ended drawings); the construction period is KRW 20,00,000 at the time of completion of design”; the construction period is “ approximately six months from the date of arrival”; the construction period is “350 estimates per square year (additional drawings); the house, electricity, telecommunications, drawings, basic measurement; and the construction cost is at least 28-household households.” Under mutual agreement, the construction contract is newly constructed, “the construction contract is hereinafter referred to as “new construction”).

) The Plaintiff concluded a contract (the date on which the contract was concluded with the Defendant is December 11, 2017). However, according to the aforementioned evidence, it is reasonable to view that the date of conclusion of the said contract was October 23, 2017. Therefore, the Plaintiff’s assertion on this part is rejected.

On October 23, 2017, the Defendant entered into a design service contract with C on the design service cost of KRW 36 million. On December 11, 2017, the Defendant completed the provisional design of KRW 18,24,32 as a result of the said design service and notified the Plaintiff thereof.

C. The Defendant requested the Korea Land Information Corporation branch to conduct a boundary restoration survey on the instant newly-built loan site, and was written as of January 4, 2018.

It is recognized that the Plaintiff paid KRW 10 million to the Defendant on October 24, 2017, KRW 27 million on the same month, and KRW 20 million on December 11 of the same year.

2. Summary of the parties' arguments

A. On December 11, 2017, the Plaintiff concluded a new construction loan contract with the Defendant on the land outside Kimpo-si, Kimpo-si, and paid KRW 50 million as down payment.

However, the defendant newly constructed the case.