1. The plaintiff's claim is dismissed.

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

Basic Facts

The defendant is a contractor and seller who is in charge of a new construction of D apartment (hereinafter "the instant apartment") located in Seo-gu, Daejeon and 10 parcels (hereinafter "the instant apartment"), and the plaintiff is a certified architect who engages in a construction design business, etc. with the trade name "E certified architect office" and entered into a design service contract with the defendant for the instant construction project.

B Before entering into the design service contract between the original Defendant, the instant construction project was approved on October 31, 2007 by having F, the first contractor, the largest road width around the instant apartment, which was 15 meters wide and 34 square meters wide per household, with the approval of the project plan on October 31, 2007. The instant construction project approved on July 11, 2008.

Since then, F transferred all the rights to the instant construction to the Defendant.

Until around May 2012, the Defendant entered into a design service contract between the original Defendant and around May 2012, with a view to modifying designs by changing the size of each household of the instant apartment from 34 square meters to 24,28 square meters, on June 9, 2011, the Defendant entered into a contract with the Plaintiff for design services related to the instant construction from 220,000,000 won (excluding value-added tax; hereinafter the same shall apply) after obtaining approval for changing the business plan (hereinafter the above intermediate payment of this case), and entered into a contract with the Plaintiff for the remainder of KRW 70,000,000 on the date of entering into the contract after the approval for changing the business plan (hereinafter referred to as “the instant intermediate payment”), and the remainder of KRW 80,00,000,000 on the date of payment of each of the instant apartment after the approval for the use of the instant apartment (hereinafter “the contract”).

On September 9, 201, the Defendant filed an application with the competent authority for approval on the modification of the above business plan on the basis of the Plaintiff’s design service result, and on February 21, 2012, the Defendant obtained approval on the modification of the business plan for the instant construction from the competent authority.