공사대금
1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim corresponding to the above revocation part.
1. Facts of recognition;
A. On September 27, 2013, the Seocho-gu Seoul Metropolitan Government head of Seocho-gu Seoul Metropolitan Government (hereinafter “the head of Seocho-gu”) obtained a new construction permit for an automobile-related facility (exclusive parking building) with a size of 2,926.98 square meters and a total floor area of 19,440.5 square meters from the Seocho-gu Seoul Metropolitan Government (hereinafter “head of Seocho-gu”). On October 15, 2013, the owner of the building changed to E (hereinafter “E”).
B. On May 8, 2014, the Plaintiff and the Defendant’s subcontract agreement concluded with the Plaintiff on May 8, 2014, that the construction work (facility construction work) among the G works of the above FF (D) that were contracted by E was subcontracted as KRW 1,01,296,00 (including value-added tax) from May 8, 2014 to September 20, 2014.
(hereinafter referred to as “instant subcontract”). (c)
H, I, and J, etc., a neighboring resident of the said new building at the first instance court judgment, filed a lawsuit seeking revocation of the said building permit with the head of Seocho-gu Office (2013Guhap64820). They participated in the said lawsuit for the head of Seocho-gu. On July 1, 2014, the said court rendered a judgment revoking the said building permit, etc., and the summary of the reasons are as follows.
On December 28, 2012, the Minister of Land, Transport and Maritime Affairs approved and publicly notified the designation, alteration, and alteration of a district plan to K district pursuant to Article 6 and Article 17 of the Bogeumjari Housing Act, which was planned as a religious facility site, etc., and changed the district plan to install “off-road parking lot and its appurtenant facilities under the Parking Lot Act”, which is an urban planning facility, from the Seocho-gu Seoul Metropolitan Government Filwon 3,618 square meters and is planned as a parking lot site. As above, the building permitted to be constructed cannot be deemed as an appurtenant facilities of the off-road parking lot permitted to be installed in the said parking lot site, and the said building permit is unlawful in violation of the said district plan.
2. The construction activities of the above building are off-road parking lots.