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(영문) 의정부지방법원고양지원 2014.09.17 2013가합8496
보수반환 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 22, 2009, the Plaintiff entered into a design service contract (hereinafter referred to as the “instant contract”) with the Defendant, who works for E&C, with respect to the construction of a building on the land outside 15 million won (the portion of civil engineering design in the amount of KRW 35 million and the construction design in the amount of KRW 80 million) of the building that was prepared at the time, with respect to the construction of the building on the land outside 53,03 square meters and 17 lots (hereinafter “instant land”). The main contents of the standard contract for the building (the certificate No. 1; hereinafter referred to as the “instant contract”) are as follows.

3. A design outline 1) Site area: A building of 1,523 square meters (3,485.69 square meters): 3,523 square meters (3,485.69 square meters): A building area of two floors above ground (19.75 square meters) : A total of 3,705 square meters (1,120.76 square meters) and total of 6 square meters above ground: A special agreement entered into on the 3,705 square meters (1,20.76 square meters).

1. Details - Building permit, commencement, supervision, approval for use (construction) - Permission for diversion of farmland, permission for development, permission for diversion of mountainous district, completion of mountainous district conversion - approval for large recovery, disuse of State-owned land, application for and excavation of State-owned land, permanent occupancy and excavation - No. 2 of construction and civil engineering design design design design design preparation: female - A1-1 female (total tide level), A2-1 female (total place map), A3-3-4 female (Housing speculation range);

B. The Defendant, according to the instant contract, prepared the basic design drawings of the building to be newly constructed on the instant land from June to August 2009, and filed a building report of 19 units on the instant land in the name of the Plaintiff and 17 others (2 units in the case of the Plaintiff, and 1 unit in the case of the remaining persons). At the Plaintiff’s request from October to November 2009, the Defendant withdrawn the above building report of 15 persons except the Plaintiff, D, and E, and again filed the building report on the instant land in the name of 15 persons, the Plaintiff’s seat.

The request for supplementation of relevant documents, etc. necessary for the construction report shall be made at the request of the head of Dong-gu in Gyeyang-gu.

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