A. Around January 2015, the Plaintiff, a corporation mainly engaged in construction business, etc., concluded a contract with the Defendants for construction of a new multi-household house on the Gangnam-gu Seoul Metropolitan Government D ground, which is the joint ownership of the Defendants.

B. The Plaintiff and the Defendants agreed to the instant construction cost of KRW 866,00,000, and the Plaintiff commenced construction work on January 2, 2015 and completed construction work on August 2015.

However, the approval of use was made on December 10, 2015 due to such reasons as the return of the application for approval of use, and the registration of preservation of ownership of the building was completed on December 18, 2015.

C. On December 22, 2014, the Defendants paid the Plaintiff the instant construction cost of KRW 24,50,000,000, which was paid in advance, and thereafter, paid the total amount of KRW 754,50,000 in nine times from March 31, 2015 to January 28, 2016.

At the time of the instant construction, civil petitions have been repeatedly filed between the owners of neighboring land due to the occupation and use of the road, etc., and the Plaintiff would bear KRW 15,00,000 among the costs for handling civil petitions, and would be deducted from the construction cost to be paid by the Defendants.

E. While the Plaintiff newly constructed the instant building, there were some defects in construction. Under the present situation, the amount of damages due to the defects in construction is calculated as KRW 50,495,400, and the Defendants expressed their intent to offset the claims for damages due to the defects in construction against the amount equivalent to the obligations for construction payment.

[In the absence of any dispute, entry of Gap's evidence 1 through 5, appraiser E's appraisal result, purport of the whole pleading]

2. According to the facts of determination as to the cause of the claim, the Defendants deducted the Plaintiff from the total construction cost of KRW 866,00,000, the construction cost of KRW 754,500,000, and the costs of civil petition treatment to be borne by the Plaintiff, and offset the amount of KRW 50,495,40,00 for the remainder of the construction cost of KRW 46,00,60 for the damages caused by the defects of the construction.