1. The defendant shall be the plaintiff.

(a) deliver to the Nam-gu Incheon Metropolitan City C large of 130 square meters;

(b) KRW 6,122,241 and as regards this, it shall be dated 2019.

1. Facts of recognition;

A. On October 3, 2018, the Plaintiff: (a) concluded a contract with the Defendant for the construction of a new site neighborhood living facility (hereinafter “instant construction”) with the amount of construction cost of KRW 195,00,000; and (b) the completion date of the completion of the construction plan on December 25, 2018; and (c) the rate of KRW 1/1,000 for liquidated damages.

(hereinafter referred to as “instant contract”) between the Plaintiff and the Defendant. B

The Plaintiff paid KRW 40,00,000 to the Defendant for the construction cost under the instant contract, respectively, and KRW 80,000,000 for the intermediate payment on November 30, 2018 after completion of the framework construction.

C. The Defendant failed to complete the instant construction work by December 25, 2018, and occupied the instant land in the state where construction materials, etc. are installed after suspending construction work on or around June 2019.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 6 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. (1) Whether the instant contract was rescinded or not, as seen earlier, is the fact that the Defendant was unable to complete the instant construction before December 25, 2018, which was the scheduled completion date of the instant contract for construction works under the instant contract, and the construction was suspended on or before June 2019. Since it is apparent that the copy of the instant complaint containing the Plaintiff’s declaration of intent to rescind the instant contract on the grounds of the Defendant’s delay in construction works was delivered to the Defendant on August 29, 2019, the instant contract was lawfully rescinded, barring any special circumstance. (2) As to this, the Defendant added or modified the construction contents from time to time, such as requesting the Plaintiff to replace the materials of the instant construction from the outer wall to the site by proxy. Accordingly, the Plaintiff’s refusal to increase the construction cost due to the change in the construction content is not attributable to the Defendant’s fault.