1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the part corresponding to each of the judgment of the court of first instance is used or added as follows. Thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

12. The following shall be added to two pages:

A person shall be appointed.

B. The Plaintiff asserts that the instant contract was rescinded due to the Defendant’s cause attributable to the Plaintiff, based on the following circumstances: ① the instant contract was concluded in a lump sum with the Defendant’s contract for the construction of a new aggregate of HH on the ground of Busan Jung-gu, Busan, which was concluded between the Defendant and G, and they are only two contracts in form, and they are actually one contract. The Defendant’s normal completion of the instant prior contract within the due date constitutes an important element of the instant contract. The Defendant failed to properly implement the instant prior contract in an indivisible relationship with the instant contract. ② Section 3 of the instant contract provides that “If the construction is interrupted for at least 10 days in total due to the Defendant’s cause attributable to the instant contract, the instant contract is naturally terminated.”

As the defendant had already been removed before the conclusion of the contract of this case, he could immediately start the new construction of this case.

Nevertheless, the Defendant had delayed the commencement of the new construction of this case on January 2016, and had been aware of the problem of invasion on the boundary of neighboring buildings, and then removed the part of the boundary of neighboring buildings on May 2016 through litigation at the latest.

As such, all the grounds for disability in the progress of the new construction of this case.