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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of the 146 square meters and D 599 square meters (hereinafter “instant land”) in Dongducheon-si, Dongcheon-si, and the Defendant is a person who engages in a business of consulting related to real estate development with the trade name “E”.
B. On October 9, 2013, the Plaintiff entered into a construction consulting contract with the Defendant regarding the instant new construction project by setting up and delivering to the Defendant a power of delegation to the Defendant that all the construction works, such as design and supervision, are delegated to the Defendant with respect to the construction works in the instant land (hereinafter referred to as “new construction works”).
(hereinafter referred to as “instant consulting contract”). C.
On October 10, 2013, the Plaintiff paid KRW 20,000,00 to the Defendant under the instant consulting agreement as the construction design cost for the instant new construction works.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 7 and 8, the purport of the whole pleadings
2. Summary of and judgment on the party's assertion
A. 1) The plaintiff asserts that, without any basic review as to the construction regulation such as the site area and current status of the building to be newly constructed by the defendant and the distance of the new building, the plaintiff trusted that 48 households can be sold to the plaintiff as the new construction project of this case and entered into the consulting contract of this case with the defendant. However, due to the above construction regulation, since the above construction regulation can only build a new building of 29 households on the land of this case, the contract of this case can be revoked on the ground that there was an error in the important part of the contract, and the defendant asserts that 19,500,000 won, excluding the actual cost of 50,000,000 won paid by the defendant for the construction of the building. 2) Accordingly, the defendant asserts that the plaintiff is entitled to revoke the consulting contract of this case on the ground that there is an error in the part of the contract of this case.