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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 17, 2017, the Plaintiff entered into a new housing construction contract with the Defendant and C (hereinafter “instant contract”).
At the time of the conclusion of the instant contract, two parcels, which are the site of the building to be newly constructed, were shared by the Defendant and C in 1/2 shares.
Article 1 (General Provisions) (1) Construction name: 3,917 square meters (1,185 square meters), total of 3,917 square meters (1,185 square meters), including Daegu-gu dong-gu D (1,517 square meters) and E (2,400 square meters), (3) Construction period: : 17 May 17, 2017 to December 20, 2017.
Article 2 (Conditions for Construction and Sale) (1) The Plaintiff shall pay to the Defendant and C the amount of KRW 1,80,000 per site area (1 square meter) of 3.305 square meters per 1,80,000 square meters per site area for five Dongs, such as Fdong, G Dong, H Dong, I Dong, Jdong, etc. on the ground plan among nine Dongs.
(2) With respect to the four Dongs, such as Kdong, Ldong, Mdong, Ndong, etc. on the ground plan among the nine new construction sites, the construction cost shall be separately determined by the construction contract between the plaintiff, the defendant and C, and the defendant and C, and the construction cost shall be paid to the plaintiff by the defendant and C.
(3) With respect to five Dongs, such as Fdong, Gdong, Hdong, I Dong, Jdong, etc. on a ground plan among the nine new Dongs, the defendant and C will voluntarily sell buildings.
(4) Four construction costs on the ground plan among the nine new construction sites, such as Kdong, Ldong, Mdong, Ndong, etc., shall be settled at the time the defendant and C pays the costs of the site to the plaintiff.
(6) With respect to the share of the sites of four units, such as Kdong, Ldong, Mdong, Ndong, etc. on the ground plan among the nine new construction units, a mutual agreement shall be concluded according to a separate estimate of the scale of new construction, materials, etc. only for construction costs, without any separate calculation by the plaintiff, defendant, and C.
B. The instant contract.