1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasons why the court has cited the judgment of the court of first instance concerning this case are stated in the reasons for the judgment of the court of first instance, except for addition or dismissal as follows:

(The main sentence of Article 420 of the Civil Procedure Act). On the second 20 pages, the following shall be added:

[General Conditions of the Contract] Article 27 (Compensation for Delay) (1) When the defendant fails to complete construction works within the deadline for completion, he/she shall pay to the plaintiff the amount calculated by multiplying the rate of compensation for delay in the contract by the contract amount (hereinafter “compensation for delay”).

(Judgment omitted) No. 3, No. 2, and thereafter, “as the building permit conditions require the building owner to register real estate development business,” should be added to “as the building owner requires the registration.”

The following shall be added to Chapter 4 5:

According to the fact that the construction contract of this case was terminated, the Defendant was able to start construction from the time when the Plaintiff sent a content certification to the Defendant on March 2, 2012, and notified the Plaintiff of the registration of the real estate development business, and the construction was not commenced until March 17, 2012, which was the next day from March 3, 2012 to March 15, 2012. As such, the construction contract of this case was finally rescinded on March 18, 2012, by notifying the Defendant of the cancellation of the construction contract of this case on March 21, 2012, by deeming the Defendant’s waiver and termination of the construction contract in accordance with the special terms and conditions, and thus, the construction contract of this case was finally rescinded on March 18, 2012 or at latest.

B. The claim No. 4, No. 16, and the claim No. 16, pursuant to the agreement on the liquidated damages for delay, shall be brought about as follows.

The plaintiff's assertion appears to the purport that the agreement on liquidated damages can be applied only to the delay in the commencement of construction works, and the construction work shall be completed after the completion date of the contract due to the delay in construction works.