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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 30, 2009, the defendant is a housing redevelopment and consolidation project association which obtained authorization from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu Office.
B. Around August 27, 2011, the Defendant entered into a contract for construction design services with the Korea Housing Redevelopment Project (hereinafter “instant redevelopment project”) in the area around Pyeongtaek Ho apartments (hereinafter “instant redevelopment project”).
C. On May 25, 2012, the Defendant entered into a service contract with the Plaintiff on May 25, 2012, setting the term “contract period: the period from the date of the contract to the date of the determination of the improvement zone and the improvement plan (amended), the contract amount: 126,50,000 won (including value-added tax).”
(The instant service contract). Article 3 (Scope of Services) 1. The scope of services that the Defendant contracts to the Plaintiff is as follows:
(1) The designation of an improvement zone and the formulation of a rearrangement zone (revision) - the raising of the availability rate of Bupyeong-gu and Incheon Metropolitan City, etc.
Article 4 (Payment Method of Services Costs) Upon completion of deliberation in Incheon Metropolitan City of KRW 37,450,000,00 in total of KRW 37,450,000 in value-added tax of KRW 37,50,00 in total of KRW 37,50,000 in total of KRW 37,450,00 in value-added tax of KRW 37,950,000 in total of KRW 40% in total of KRW 46,600 in total of KRW 46,60,000 in total of KRW 50,600,000 in total of KRW 115,000 in total of KRW 11,50,000 in value-added tax of KRW 126,50,000 in total of KRW 126,500 in total,00 in total of KRW 50,600 in total.
D. On September 26, 2012, Bupyeong-gu Incheon Metropolitan City notified the Defendant of the designation of the legal floor area ratio(s) under the redevelopment improvement project of this case.
E. On August 23, 2012, the Defendant paid KRW 75,900,000 to the Plaintiff out of the service cost.