1. Of the judgment of the first instance, the part on the principal lawsuit against the Defendant (Counterclaim Plaintiff) shall be revoked, and the Plaintiff (Counterclaim Defendant) shall be revoked.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 5, 2014, the Plaintiff entered into a design contract with the Defendant with the design cost of KRW 7,500,000 each of the design costs for detached houses on the ground of the Yangcheon-gu Seoul Metropolitan Government F Forest Forest and KRW 75.06 square meters and G forest and KRW 57.36 square meters (hereinafter “each of the instant lands”) (hereinafter “each of the instant design contracts”), and each of the instant lands was constructed without permission on each of the instant lands.

According to each design contract of this case, the contents that "when the approval of use is completed" with respect to the payment period under Article 2 are printed in the same letter, and the contents that "shall include the approval of reconstruction, approval of use and design service after approval of use" are stated below.

In addition, the main contents of each design contract of this case are as follows.

Article 13 (Termination of Contract A) (1) A may cancel or terminate all or part of the contract in any of the following cases:

3. Where it is impossible to perform the contract due to death, disappearance, disease, or any other cause, the other party to the contract may claim damages from the other party, if any, due to the change of the contract under Article 10 (2), rescission or termination of the contract under Articles 13 and 14, or a violation of the contract;

Article 16 (Exemption from Liability) shall not be responsible for the matters falling under any of the following subparagraphs:

1. Where any damage has occurred due to delay in design work as a result of delaying the payment of the price for design work at will or changing the requirements;

2. Where the already prepared design documents and documents become unusable due to the amendment or repeal of the construction-related Acts and subordinate statutes, etc., after the design documents are completed;

3. Where it is impossible to continue its business due to force majeure, such as natural disasters, etc., Article 17 (Payment for Consideration when Design Business is Suspension) (1) Where all or part of the design business is suspended under Articles 13 and 14, A and B have already been performed.