공사대금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 15, 2017, the Plaintiff entered into a construction contract with the Defendants, a construction business operator, and a new construction project on the said land (hereinafter “instant construction project”), under which the construction cost of KRW 100 million is KRW 60,000,000, and the construction period is within 60 days after the permission, including design and authorization (including both design cost, development activity cost, and neighboring land use fee, etc.). However, the Plaintiff entered into a contract with the competent authority for a construction project with the content that the design cost will be considered as the starting date by civil petition (hereinafter “instant construction contract”).
B. On September 15, 2017, the Plaintiff paid the Defendants KRW 12 million as down payment, KRW 2 million as the first progress payment on November 22, 2017, and KRW 5.2 million as the second progress payment on December 21, 2017, and KRW 2 million as the second progress payment on December 21, 2017.
However, the Defendants prepared a receipt of KRW 6 million and issued it to the Plaintiff, including KRW 8 million, which is an adjacent land.
C. However, even at the time of the closing of argument in the instant case, the instant construction was suspended under the condition that the Defendants performed the instant construction without obtaining the construction permit and permission, and the instant construction was conducted, such as site adjustment, floor basic work, basic electricity admission line, basic facilities construction theory, steel framed work, steel framed work, and window mold work.
(A) The part of the building constructed as a result of the instant construction project is referred to as “the instant building.”
In the fact-finding inquiry of this court, the Dongdaemun-gu Office sent a reply to the fact-finding that "the construction work in this case without authorization is subject to re-determination, the person subject to fines for negligence or accusation is the project owner or contractor, the amount, etc. shall be determined in consideration of various items, such as the size of the violation, and the subsequent authorization and permission shall be reviewed after re-disposition, and it is possible to obtain permission without re-determination, such as fines for negligence, etc., when an application for new authorization and permission is filed after eliminating
grounds for recognition.