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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. The reasoning of the judgment of the court of first instance citing this case is that, except where the plaintiff added a "additional Judgment" as to the assertion that was added to the judgment of the court of first instance, all of them are the same as the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure
2. Additional determination
A. The Plaintiff’s assertion 1) The scope of the restriction on the civil petition system under Article 5 of the instant agreement (no civil petition is filed against the 4 operation of the building) includes the solar system on the 4th roof of the building (hereinafter “claim 1”).
(2) Since the Defendant filed a civil petition on solar-powered facilities, the agreement under the instant agreement was rescinded on the ground of the Defendant’s nonperformance of obligation. (2) The Defendant filed a civil petition on August 2019 with respect to the Plaintiff’s building in the course of the administrative appeal, thereby violating Article 5 of the instant agreement (hereinafter “B’s assertion”), and the agreement under the instant agreement was rescinded on the grounds of the Defendant’s nonperformance of obligation.
B. (1) The Plaintiff and the Defendant, in light of the following circumstances acknowledged by the aforementioned evidence and evidence No. 4 as well as the purport of the entire pleadings, that is, the Plaintiff and the Defendant, upon the application of the instant agreement, agreed in Article 1 of the instant agreement, that “solars shall notify the residents of the application for solar power generation projects at the time of the application by A Co., Ltd....” The Plaintiff agreed that “when the application is not simultaneously notified of the filing of the application, the solar power generation projects shall not be absolute.” In the process of the establishment of the text of Article 1 of the instant agreement, the Defendant agreed to the Defendant “at the time of the application for solar power generation. If the notification is known, the Defendant would have not consented to the Plaintiff’s solar power generation business at the time of the preparation of the instant agreement.”