1. Where the contract is rescinded or terminated;

2. Article 31 (Cancellation, etc. of Contracts by Plaintiff) (1) In any of the following cases, the Plaintiff may cancel or terminate all or part of the contract:

1. Where the defendant fails to commence construction works even after the lapse of the agreed commencement date without any justifiable reason;

2. Where it is evident that the construction work is not likely to be completed within the completion date due to a reason attributable to the defendant.

A. On July 18, 2019, the Plaintiff entered into a contract with the Defendant to set the period of construction for installation of E and F solar solar energy on the ground (hereinafter “each of the instant lands”) from July 18, 2019 to October 31, 2019, the construction amount of KRW 803,00,000 (the advance payment shall be 50% of the total contract amount) to the contract period (hereinafter “instant contract”).

Of the general terms of the instant contract, the part relating to the instant case is as follows.

B. On July 23, 2019, the Plaintiff paid KRW 401,500,000 to the Defendant as advance payment of the instant construction project, but the Defendant did not start the construction even by the deadline for completion of the instant contract.

At the time of entering into the instant contract, each of the instant land owners

G transferred its ownership to H and I on June 2020, and H entered into a contract with J around July 2020 to install solar power generation facilities on each of the instant land and the said company constructed solar power generation facilities on the above land.

(c)

On December 4, 2020, the Plaintiff expressed his/her intent to rescind the instant contract by delivering a document prepared by himself/herself to the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 7 and 9, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant made an agreement without justifiable reasons.