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(영문) 서울남부지방법원 2016.10.14 2016나55764
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. In the first instance trial, the Plaintiff asserted that the Plaintiff had the development charges, farmland preservation charges, deemed acquisition tax, etc. that may not be borne by the Plaintiff due to the Defendants’ nonperformance of obligations by the Defendants. The purport of the appeal was reduced to the extent that the Plaintiff sought payment of KRW 57,762,40 of the development charges, ② farmland preservation charges, ② farmland preservation charges, ② KRW 24,750,000, ③ KRW 50% of the farmland preservation charges, ③ KRW 3,828,530 of the deemed acquisition tax, ③ KRW 50% of the deemed acquisition tax, and ② the appeal was dismissed.

Therefore, the scope of the judgment of the court is limited to whether the Defendants are liable to compensate the Plaintiff for the above part.

2. Basic facts

A. The Plaintiff is the owner of D large-scale D 701 square meters, E large-218 square meters, F large-27 square meters, G large-36 square meters, and H large-scale 9 square meters (hereinafter the above five parcels collectively referred to as “instant land”).

B. On August 2010, the Plaintiff entered into a building design service contract (hereinafter “instant contract”) with Defendant B, an architect, to construct a building on the ground of the instant land, the land category of which was previously or on which the said land was previously or field: Around August 2010, the Plaintiff entered into a building design service contract with the Plaintiff, namely, “91 square meters: neighborhood living facilities (retail stores), structure: steel tanks, building area: KRW 510 square meters: Contract amount: KRW 10 million.”

C. The Defendant implemented the design under the instant contract. Based on the foregoing design, the Plaintiff obtained a building permit from the Overcheon City on October 4, 2010, and completed the construction and obtained approval for use on November 29, 2010. On December 3, 2010, the land category of the instant land was changed to hereinafter referred to as hereinafter.

On April 201, the Plaintiff received an assessment and collection notice of total of KRW 57,762,400 based on the Restitution of Development Gains Act from Overcheon City, and completed the payment of development charges, including additional charges, around December 24, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3 (including each number), Eul evidence 4, 9, and 10, the purport of the whole pleadings

3. The plaintiff's assertion.

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