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(영문) 창원지방법원 2018.10.04 2017나58523

손해배상(기)

Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

3...

Reasons

1. Facts of recognition;

A. On July 31, 2015, the Plaintiff entered into a contract with the Defendant, an architect, for design services and supervision services with respect to the E-rayed housing of Changwon-si, 255 square meters (hereinafter “instant housing”).

B. The defendant attached to the plaintiff

1. As indicated in the drawing, a design drawing, the housing area of which is 96.02 square meters, was prepared and provided. On August 25, 2015, the Plaintiff submitted the said design drawing on his/her behalf, while filing the Plaintiff’s report on the commencement of construction on behalf of the Speaker.

Around that time, the Plaintiff indicated the boundary of stuffs on the boundary of the said land by requesting the Changdong Vice Governor of the Korea Land Information Corporation, and started the construction of the instant house around August 26, 2015.

C. On November 12, 2015, the Defendant visited the construction site of the instant house and asked the Plaintiff to conduct a boundary survey, suspected that the instant house was invaded by the boundary of neighboring land.

As a result of the boundary surveying, the housing of this case was attached to the annexed Form.

2. It was confirmed that the boundary of neighboring land was invaded, such as the drawing indication.

When it was difficult for the Plaintiff to obtain approval for use by impairing the boundary of the adjoining land, the Plaintiff removed a part of the building, which affected the neighboring land from the Defendant around March 2016, and removed a part of the building in the instant housing from the Defendant, and the area of the housing is 10.87 square meters.

2. The new architectural design drawing in the form of drawing(s) has been obtained, the part over the boundary of the instant house was removed, and the approval for the use of the instant house was obtained from the head of Chang Chang-gu on December 28, 2016 from the head of the Si/Gun/Gu for the purpose of obtaining the approval for the use of the instant house from the head of the Gu around December 28, 2016. [Recognition-based] without dispute, A’s 2 through 7, 11,

result of the fact-finding on each entry of the witness C, the testimony of the witness C, and the vice governor of the Korea Land Information Corporation, the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff's assertion (1) is a party to the supervision agreement, and the defendant concludes a contract for the new housing construction of this case and executes housing construction.