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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 30, 2016, from around March 2017 to around March 2017, the Defendant’s spouse C worked as the Plaintiff’s employee (a director), and around July 29, 2016, the Plaintiff and D detached Housing (a Class 1 neighborhood living facility and multi-family house; hereinafter “instant building”) signed a construction contract on behalf of the Defendant to construct a new building on behalf of the Defendant (hereinafter “instant contract”) and drafted a written contract on August 4, 2016 to obtain a loan.
B. The Defendant obtained a building permit on July 28, 2016.
Design drawings submitted by the Defendant to obtain the above building permit are drawings prepared on March 2016, which were prepared by the first floor and second floor with the content of installing bedrooms, living rooms, toilets, etc. while partitions were installed with respect to the multi-storys, such as evidence 3 No. 6.
C. The Plaintiff, while constructing the instant building, made it possible for the Plaintiff to install a dives room, toilets, etc. for subsequent use, such as boiler pipes and water supply and drainage pipes on the dives floor, but applied for approval of use of the instant building to the Hanam City Mayor around January 17, 2017 and obtained approval of use on the horse around January 17, 2017, and completed construction of a toilet by installing an internal wall for the installation of a dives room and installing a toilet around March 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, 4 through 8, 10, 11, and 12, Eul's testimony, Eul's witness E's testimony, part of witness E's testimony, and the purport of the whole pleadings
2. The parties' assertion and judgment
A. On July 29, 2016, the Plaintiff and the Defendant did not include construction works, such as the installation of a Damna, boiler, toilet, and laundry room on the multi-storys (hereinafter “instant key construction works”) at the time of entering into the instant contract (hereinafter “instant construction works”).
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