1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The reasoning behind this part of the reasoning of the judgment of the first instance is as stated in Article 420 of the Civil Procedure Act, except where “from January 4, 2012 to April 20, 2012” is deleted from “from January 4, 2012 to April 20, 2012” in Article 1-5 of the part concerning the reasoning of the judgment of the first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure

2. Whether the lawsuit of this case is lawful

A. The Defendant asserted that the cause of the Plaintiff’s claim is not possible to construct a building on the natural green belt, which is more impossible due to the restriction on the floor area ratio under the current laws and regulations within the instant project site, and prepared a design drawing that plans considerable parts of the instant center within the natural green belt.

As the Plaintiff extended the contract period in relation to the working design contract for the non-party, KRW 3,140,00 of the increased contract amount, which was paid as the price for the service by modifying the defendant's planning and design defect to the non-party construction office, the Defendant is liable to compensate the Plaintiff for damages equivalent to the above amount as the warranty liability under the contract for the contract (Article 667(2) of the Civil Act).

(1) The plaintiff argued that the defendant is liable for the non-performance of obligation because the nature of the above damage falls under the scope of the non-performance of incomplete obligation and that the defendant is liable for the non-performance of obligation. (2) The plaintiff revoked the above claim by arranging the cause of the claim as a preparatory document dated August 19, 2016.

Judgment

As a warranty liability under Article 667(2) of the Civil Act, a claim for damages in lieu of the repair of defects is applied to the date of receiving the object under Article 670 of the Civil Act, and where the delivery of the object is not necessary, the limitation period to be exercised within one year from the date of termination of the day, and which purport is to promote the prompt stability of legal relations. Thus, the contractor is liable for damages in lieu of the above defects to the contractor.