1. The plaintiff's appeal is all 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. The reasoning of the court of first instance’s explanation is as stated in the reasoning of the judgment of the first instance, except for adding the judgment as described in the following paragraph (2) to the Plaintiff’s assertion that was added as preliminary in the trial of the first instance, following the first instance judgment No. 5 of the first instance judgment, and thus, citing this by the main text of Article 420 of the Civil Procedure Act

2. On October 201, the Plaintiff asserted that the instant construction contract was cancelled by agreement as long as the Plaintiff had no intent to entrust the said construction work to the Defendants, and the Defendants had no intent to continue the said construction work, and that the instant construction contract was cancelled by agreement between the parties. Therefore, the Defendants are jointly and severally liable to return the construction price that was paid to the Plaintiff by restitution to its original state.

The plaintiff added the above cause of claim to the court of first instance, but restitution as the effect of termination of contract has the nature of a special provision on unjust enrichment. It is nothing more than an attack against a single subject matter of lawsuit to claim the non-establishment, cancellation, invalidation, cancellation, etc. of a contract without any legal cause in a claim for restitution of unjust enrichment (see Supreme Court Decision 2000Da5978, May 12, 2000). Thus, the above argument is merely a different attack against the previous claim for restitution.

shall not be treated as a separate claim.

However, for the purpose of rescission or termination of a contract, the requirement is that the opposite expression of intent, such as an offer and acceptance, that the effect of the contract should be terminated, should be consistent, as in the case of general cases of a contract formation. In order to establish such an agreement, the contents of the intent expressed by both parties must be objectively consistent, and the cancellation or agreement of the contract is terminated.