All appeals by the Plaintiff (Counterclaim Defendant) and the selective claims added by this court are dismissed.

after the filing of an appeal.

1. In the first instance trial, the Plaintiff filed a claim for the construction cost and damages against the Defendant as the principal lawsuit, and the Defendant filed a claim for the return of the construction cost and the claim for damages against the Plaintiff as a counterclaim in lieu of defect repair.

The court of first instance dismissed all the plaintiff's principal claim, dismissed the part of the defendant's counterclaim claiming the return of construction cost, and accepted the part concerning the claim for damages in lieu of defect repairs.

Accordingly, only the plaintiff appealed against the plaintiff among the part concerning the principal lawsuit and the part concerning the counterclaim in the judgment of the court of first instance, and since this court added a selective claim on a part of the principal lawsuit, the subject of the judgment of this court is limited to the part concerning the principal lawsuit (including any selective claim added by this court) and the part concerning the claim for damages in lieu of the defect repair lost by the plaintiff among the counterclaims.

2. The reasoning for this part of the lower court’s reasoning is the same as that of the corresponding part of the judgment of the first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

3. Determination on the main claim

A. Unlike the original design drawing, the Defendant asserted that the construction work should proceed to the separation distance from the neighboring land to the extent of one meter, and ordered the construction work to be executed in straight line on the design drawing. While the Plaintiff’s execution of the instant construction work was at issue, the instant construction contract was unilaterally rescinded by the Defendant as a result of the collision with the neighboring land.

Therefore, the Defendant is obligated to pay the Plaintiff a total of KRW 88,000,000 (=20,000,000 won) and damages for delay as follows.

1. At first option, the Defendant is obligated to pay the Plaintiff KRW 20,000,00, which is a part of the cost of construction materials already purchased by the Plaintiff for the instant construction project, as construction cost, or ② the Defendant is the third party, as the Plaintiff.