The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

1. Basic facts

A. Plaintiff B entered into a PM agreement with Nonparty D Co., Ltd. (hereinafter “D”) on the instant land as a joint owner for the construction of a major apartment building on the instant land (hereinafter “instant contract”); on January 18, 2019, Plaintiff B obtained a construction permit for the construction of a collective housing and ancillary facilities with the Defendant as a joint owner of D and E Co., Ltd. (hereinafter “E”) on the instant land from the Plaintiff as the fourth underground floor, the 20th above ground floor, the 80 square meters above the instant land, and the 80 square meters above the instant land.

(hereinafter “instant building permit”). (b)

As the above joint project was not implemented properly, on February 21, 2020, Plaintiff B sent the following content-certified mail to D to the effect that the contract of this case will be cancelled, and on February 24, 2020, the land of this case was sold to Plaintiff A, and the registration of ownership transfer was completed on February 26, 2020.

(C) After the recipient has drawn up an agreement, the recipient failed to carry out all the project progress, such as arranging construction companies or arranging the PF financing, as well as commencing construction works, even if one year has passed since the date of obtaining the construction permit on or around 01, 2019, even after obtaining the construction permit.

Accordingly, where it is impossible to start construction works within 5 months under the special agreement under Article 12, the sender may cancel the contract.

“I have expressly indicated.”

Finally, on April 13, 2018, the sender notified the addressee that the contract for a prop joint project agreed with the receiver was cancelled due to the nonperformance of the obligation of the receiver (five-month plan and the receiver's non-performance of the obligation of the contractual obligation), and accordingly, the sender cooperates with the cancellation of the permission for the construction of land of 1160 square meters in Yangyang-gun, Gangwon-do and 2 lots of land.

(hereinafter omitted)

C. The Plaintiffs filed an application with the Defendant for the revocation of the instant building permit on March 9, 2020, but the Defendant on March 18, 2020.