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(영문) 서울남부지방법원 2019.10.24 2018나67884

설계비 청구의 소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an architect operating the CArchitect Office. The Defendant was the owner of Yeongdeungpo-gu Seoul Metropolitan Government D and E Land (hereinafter “each of the instant lands”), and the F is an individual entrepreneur who was acting as an agent for filing an application for housing construction permit in the trade name of G.

B. Around March 2016, the Defendant delegated F with F with the filing of an application for a building permit (hereinafter “instant application affairs”) for multi-household housing to be newly constructed on each of the instant land (hereinafter “instant building”).

C. On March 2016, the Plaintiff was requested by F to design the instant building. After the completion of the first design drawings, the Plaintiff obtained the Defendant’s final approval for the design drawings through a design modification on a total of four occasions.

On the other hand, the first design drawing for the building of this case was designed to be the 6th floor, and the second or the final design drawing was changed to the 5th floor, and the structure and size of each floor, the number of households by floor, stairs, toilets and entrances, and the location of the first floor parking lot were changed following the modification of the above design.

E. On June 27, 2016, F obtained a building permit for the instant building under the name of the Defendant from the competent authority (hereinafter “instant building permit”). During that process, F, on behalf of the Defendant, submitted to the competent authority a written consent for designation of road for part of each of the instant land, or paid registration tax, etc. on behalf of the Defendant.

F. However, the Defendant sold each of the instant land to the H Housing Association Establishment Promotion Committee on June 30, 2016 without notifying F, and completed the registration of ownership transfer on September 5, 2016.

G. F entered into a contract with the Defendant for the removal of the existing building located on each of the instant land and the construction of the instant building between the Defendant and the Seoul Southern District Court 2016da24120, which was the Seoul Southern District Court 2016da24120.