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(영문) 수원지방법원평택지원 2020.04.23 2018가합9144
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 2017, the Plaintiff displayed the planned drawings prepared by the D architect office to Defendant B, an architect, and tried to newly construct a multi-family house similar to the above planned drawings on the ground of Pyeongtaek-si E land (hereinafter “instant site”). As such, the Plaintiff changed the construction permit to proceed.

B. After reviewing the aforementioned planning drawing, Defendant B stated that, in order to construct a new multi-family house in accordance with the urban planning ordinance of Pyeongtaek-si, the width of access road should be at least four meters, the width of the access road should be at least two meters, and the width of the side road of the instant site is at least three to three point five meters, and thus, Defendant B cannot construct a new multi-family house.

On the other hand, the Plaintiff: (a) constructed a detached house on the second floor on the ground; (b) extended the apartment house to build a multi-family house; and (c) around July 2017, Defendant B prepared a plan drawing on the instant site to build a multi-family house with a total floor area of 194.67 square meters in the building area of the fourth floor on the instant site; and (d) 51.68 square meters in the total floor area of 51.68 square meters in the instant site (13.44 square meters in the first floor; 194.67 square meters in the second floor; 194.67 square meters in

On July 13, 2017, the Plaintiff entered into a design service contract with Defendant B in accordance with the aforementioned planning drawings (hereinafter “instant design contract”). The main contents are as follows.

1. Name of building: F-built construction works;

2. Site location: Pyeongtaek-si E.

3. Design content: 1) Building area for a site: For the purpose of 327 square meters: 3): Building area for multi-family houses: 4: Building area for 4: Building area for 5 square meters: Total floor area for 51.68 square meters (16.9 square meters): 12 million won (excluding value-added tax).

C. On the other hand, around August 20, 2017, Defendant B drafted a design drawing on the instant site that constructs a detached house of the size of the second floor above ground.

(hereinafter “Initial Design Map”). The first design drawing was based on the premise that the instant site is flat, and the vehicle entrance and exit was located on the west of the instant site.

On August 24, 2017, the Plaintiff entered into the instant design contract with Defendant C.

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