부동산인도 등
1. The Defendant (Counterclaim Plaintiff) shall pay 50,000,000 won to the Plaintiff (Counterclaim Defendant) and its payment from December 6, 2013.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On August 3, 2012, the Plaintiff entered into a contract with the Defendant for the construction of a new construction project (hereinafter “instant construction project”) of a total floor area of 156.72 square meters on the land of 397 square meters in Jung-gu Incheon Special Metropolitan City, Jung-gu, Incheon (hereinafter “instant land”) owned by the Plaintiff, and of a multi-story house of 2 stories above ground (hereinafter “instant building”) with the Defendant as the construction cost of KRW 134,40,000 (including value-added tax) and the completion date of construction as of December 15, 2012.
B. As to the instant construction project, a three-section contract exists under the title, which is a building construction standard contract.
According to the contract under the above Chapter 3, the name of the instant construction project is collectively indicated as “D detached house construction project,” “Incheon-gu C”, “Incheon-gu,” “the site location,” “the commencement of construction on August 5, 2012,” “the construction period on December 15, 2012,” and “134,40,000 won (including value-added tax)”, “27,00,000 won in advance,” “27,000,000 won in advance,” and “3% in advance,” but only the other matters are written differently as “a separate from the civil construction cost described in the drawing”, “a separate from the design drawing, and the civil construction cost not described in the drawing.”
On the other hand, the special agreement attached to each of the above agreements states that "no additional cost is available".
C. Although the design drawing and specifications are written as the addition to each design drawing and specifications in the main text of the above contract, each contract itself was not accompanied by the design drawing. However, around July 18, 2012, prior to the conclusion of the construction contract in this case, the Defendant received the design drawing (No. 2-2) from the Plaintiff. The design drawing was the same as that of the instant building in this case, and the said design drawing was the first modified for the purpose, “one house (one household) with the total floor area of 156.72m2m2 in terms of “retail store” with the total floor area of 156.24m2m2, from the “retail store” with the total floor area of 156.7m2m2.