1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The parties' assertion

A. On July 2010, the Plaintiff’s summary of the Plaintiff’s assertion was awarded a contract with the Defendants for the construction of expanding two-story housing units (hereinafter “instant housing”) on the land in Gyeongnam Development-gun C, on condition that only material costs and personnel expenses are paid. As such, the Plaintiff completed the construction in 82,422,040 won.

Until September 2010, the Defendants paid only KRW 44,153,650 out of the construction price, and agreed to pay the remainder KRW 38,268,390 upon obtaining approval for use of the instant housing. The Plaintiff obtained approval for use of the said housing on February 23, 2012.

Therefore, the Defendants jointly have the obligation to pay 38,268,390 won and delay damages payable to the Plaintiff.

B. Summarys of the Defendants’ assertion are 2010

7. The instant expansion project contracted to the Plaintiff for the construction cost of KRW 43 million, and the Plaintiff paid all the construction cost, including the additional construction cost, until September 2010, when the construction work was completed.

In addition, even if the Defendants did not pay part of the construction cost, the Plaintiff did not proceed with the construction work after completion of the instant house extension construction work on September 2010, and the instant house purification tank did not meet the construction standard and obtained approval for the use of the instant house on February 23, 2012. As such, the Plaintiff’s claim for the construction cost occurred from September 2010. Since the instant lawsuit was filed after the lapse of three years thereafter, the Plaintiff’s claim for the construction cost expired by prescription.

2. Determination

A. The Plaintiff’s claim for the construction cost is a claim against a contractor’s construction work as prescribed in Article 163 subparag. 3 of the Civil Act, and if it is not exercised for three years, the extinctive prescription shall expire. The extinctive prescription shall expire from the time when the right occurs objectively and it can be exercised.