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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.
Reasons
1. Basic facts
A. The Defendant entered into the instant reconstruction agreement and the instant contract 1) The Seocho-gu Seoul Metropolitan Government Down-gu 18m2 on the ground of 958m2,00,000,000,000 m2.
(C) The Defendant and the other co-owners of the foregoing Dogra (hereinafter referred to as the “Defendant, etc.”) are the co-owners of the above Dogra, including the Defendant.
Around August 10, 2006, the apartment housing of 19 households with the 19th floor size of the above Gu Do Do Ba (hereinafter “instant apartment housing”) (hereinafter “instant apartment housing”).
2) The rebuilding agreement was concluded to reconstruct and share the construction cost (hereinafter “instant rebuilding agreement”).
(2) While the Defendant, etc. awarded a contract for reconstruction of the instant collective housing to E (hereinafter “E”), the Plaintiff, etc. concluded a contract (hereinafter “instant contract”) by setting the construction period from June 2008 to November 2008 with respect to the reconstruction work of the instant collective housing (hereinafter “instant construction”) with F Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) upon the discontinuance of the said construction work, the Defendant, etc. concluded a contract (hereinafter “instant contract”).
The main contents of the instant contract are as follows.
【Standard Contract for Private Construction Works】
1. Scheduled date for commencement: The scheduled date for completion of works on June 2, 2008: The liability for warranty on November 3, 2008: the Enforcement Decree of the Housing Act;
4. The rate of penalty for delay: 1/1000.
5. Contract amount: KRW 2,716,400,000 (2,716,400,000)- Value-added tax separate [General Conditions for Standard Contract for Private Construction Works] Article 7 (Period of Construction Works) (1) The date of commencement and completion of construction shall be the date specified in the contract;
(2) Where it is impossible to commence construction work on the date of commencement of construction work without any cause attributable to Eul (contractor and the company outside the country referred to in this case), the date of commencement of construction work of Eul (the date of commencement