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(영문) 광주지방법원 2015.01.30 2014나53383
현장조사.검사 및 확인업무의 대행수수료
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The defendant asserts that the lawsuit in this case is unlawful as the plaintiff should be the Korea Certified Architects Association, Gwangju Metropolitan City Building Association (hereinafter referred to as the "Building Association").

However, in a lawsuit for performance, the standing to be a party lies in a person who asserts that he/she has the right to demand performance, which is a subject matter of lawsuit, and whether the right to demand performance exists is to be proved through a deliberation on the merits (see, e.g., Supreme Court Decision 2003Da44387, 44394, Oct. 7, 2005). The defendant's defense on the principal safety

2. Judgment on the merits

A. The Plaintiff’s assertion entered into an agreement on the appointment, etc. of a building society and an agent architect pursuant to the former Building Ordinance of Gwangju Metropolitan City around 2004, and according to the said agreement, the building society had the Plaintiff, etc. carry out a field investigation, inspection, and confirmation of the parcel. As such, the Defendant shall pay the Plaintiff, etc. an agent fee as stated in the purport of the claim.

B. According to the facts without any dispute between the parties to judgment and the facts stated in Eul evidence 1, the defendant entered into an agreement on the appointment, etc. of an acting architect with the architectural society, and Article 2 of the above agreement provides that the defendant shall entrust the building society with the matters concerning the appointment, designation, etc. of an acting architect and matters concerning the agency fees. Article 4 of the above agreement provides that the building society shall file a claim against the defendant, and the defendant shall pay the agency fees under the provisions of the Building Ordinance of Gwangju Metropolitan City. Article 5 of the above agreement provides that the building society shall designate an acting architect and notify the defendant thereof. Accordingly, the defendant shall be liable to pay the agency fees to the architectural society upon the request of the architect's meeting.

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