공사대금반환 등
1. All appeals filed by the Plaintiff (Consolidated Defendant) and the Defendant (Consolidated Plaintiff) are dismissed.
2. The costs of appeal shall be borne respectively by each party.
1. The reasoning of the court’s explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for addition or supplement as follows. Thus, it is acceptable in accordance with the main sentence of
2.The following shall be added between the seventh and the second bottom of the judgment of the first instance:
3) Meanwhile, the Defendant asserts to the effect that the construction agreement, after the completion of the instant public notice board, to allow the interior facilities of the first floor to be used as public notice board at the office is in violation of the Building Act, which is a mandatory law, and is null and void pursuant to Article 103 of the Civil Act, and thus, the construction cost of the first floor shall not
However, the above alteration of the first floor is difficult to be deemed as contrary to the good morals and other social order under Article 103 of the Civil Act, considering the following circumstances: (a) the Plaintiff and the Defendant, as well as the Defendant, clearly aware of the content of the instant contract including the instant contract from the beginning; (b) the Defendant entered into the said contract; and (c) the use of the building may be possible even after the completion of construction.
Therefore, the defendant's assertion that the above agreement is not effective under the private law is rejected.
A person shall be appointed.
3. In conclusion, the plaintiff's claim and the defendant's claim joined with the plaintiff's main claim are all dismissed. The judgment of the court of first instance is just in conclusion, and the plaintiff and the defendant's appeal are all dismissed. It is so decided as per Disposition.