1. The plaintiff's appeal is 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. Facts of recognition;

A. The Plaintiff and C shared the building located in Seongbuk-gu Seoul Metropolitan Government D (hereinafter “instant building”) (hereinafter “instant building”). In order to install solar power generation facilities on the rooftop of the instant building, the Plaintiff entered into a construction contract (hereinafter “instant contract”) with the Defendant on February 2, 2015, under which the construction amount is KRW 39.6 million (including value-added tax) and the construction period is set from February 11, 2015 to February 28, 2015, with the Defendant to install solar power generation facilities (hereinafter “instant contract”).

The solar power generation facilities are composed of structures, such as solar panels that create electricity on the basis of solar energy and columns that receive solar panel.

B. The Defendant completed the construction of solar power generation facilities on the rooftop of the instant building within the construction period of the instant contract and received a certificate of confirmation from the Korea Electrical Safety Corporation prior to the inspection of the use of power facilities on February 25, 2015.

C. Meanwhile, the Defendant built a rooftop room on the structure installed in the space between the solar panel and the rooftop floor of the instant building at the Plaintiff’s request. As the competent administrative agency demanded the correction of the rooftop room on the ground that the installation of the rooftop room is illegal, the Plaintiff removed the above rooftop room.

After the removal of the above rooftop, the Plaintiff applied for a completion inspection on the structures among solar power generation facilities installed on the rooftop of the instant building. On July 28, 2016, the head of Seongbuk-gu Seoul Metropolitan Government requested supplementation of the above completion inspection on the ground that the number of presses installed is insufficient, and that the fixed part of the floor frame is not installed, and that the permissible drawing and the site are inconsistent.

E. Meanwhile, the Plaintiff and C sold the instant building to E on November 1, 2016, and E completed the registration of ownership transfer on December 1, 2016.

[Ground of recognition] A. A. a.s. 1, 2, 4, 6, 11, 12, and 14, and evidence Nos. 1, 2, 3, 6, 12.