beta
(영문) 부산지방법원 2016.06.10 2014나12451

손해배상(기)

Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are dismissed, respectively.

2. Demanding and expanding the costs of appeal.

Reasons

1. Facts of recognition;

A. In around 2007, the Plaintiff entered into a design contract with C for the construction of a new facility for the elderly (hereinafter referred to as the “instant building”) on the ground of three lots outside the Dopojin-gun, Incheon (hereinafter referred to as “instant land”).

The design contract of this case is called the "design contract of this case"

B) The Defendant, a certified architect of the above design contract, filed an application for a building permit on behalf of the Plaintiff on March 24, 2008 on behalf of the Plaintiff, and on May 15, 2008, the Cheongjin-gun-gun permitted the construction of the above building. At the time of the above construction permit, the instant building was composed of two buildings on the second floor above the ground level (A) Dong (B) and B (B) Dong (B) Dong on the second floor above the ground level, and the building-to-land ratio was 21.517%. (C) The Plaintiff determined that the said design drawing was inappropriate for the purpose of the instant building (oar facilities). Since then, around early 2009, the Defendant changed the building-to-land ratio to the building permit to the 20% maximum building-to-land ratio to the ground level (20% lower than the building-to-land ratio to the Defendant at the time of changing the above design drawings, the Defendant changed the building-to-land ratio to the upper floor area to 36.

hereinafter referred to as "the primary design change drawings".

(E) The Defendant, on behalf of the Plaintiff, submitted an application for change of the building permit on September 17, 2009, following the first design change, and obtained the permission for change of the building from the Cheongjin-gun-gun around October 8, 2009. E. The Defendant is “the second design change drawings below the “the second design change drawings,” the building-to-land ratio of which was changed to 19.4965% on June 30, 2010, except for the new building of B, and which was changed to 19.4965%.

I prepared and submitted an application for change of the building permit.