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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. A. On January 2014, the Plaintiff entered into a design standard agreement on the land surface with a certified architect C and Asan-si D (hereinafter “instant land”) with respect to 462.80 square meters (around 140 square meters; hereinafter “instant building”) on the ground surface of the light metal 1 and the second class neighborhood living facilities. Around January 2014, the Plaintiff requested the Defendant to construct the instant building.
B. On April 21, 2014, the Plaintiff entered into a construction contract with the Defendant for the instant building (140 square meters) construction works (hereinafter “instant construction works”) with the cost of KRW 216,00,000 (excluding value-added tax).
(hereinafter referred to as the “instant contract”) No. 3 (Contract) of this case, although the contractor, E, and the contractor are written as the husband F of the defendant, the actual party does not dispute between the plaintiff and the defendant.
C. On April 29, 2014, the Plaintiff obtained a new construction permit with respect to 357.75 square meters (one story, approximately 108 square meters, and KRW 990 square meters) among the instant buildings.
The structure of the first permitted design drawing shall be as follows:
The location of toilets for the first class neighborhood living facilities (retail stores) the first class neighborhood living facilities (retail stores) the second class neighborhood living facilities (retail stores);
D. On June 23, 2014, the Plaintiff: (a) changed the design of the instant building into a content (a) adding the following (around June 23, 2014; (b) the total floor area of 443.25 square meters; and (c) the site area of 1,382 square meters; and (d) obtained the permission for change
The structure of a modified design drawing shall be as follows:
In the location of toilets for toilets, Class 2 neighborhood living facilities (A), Class 1 neighborhood living facilities (retail stores) No. 1 neighborhood living facilities (retail stores), Class 2 neighborhood living facilities (retail stores), at which toilets for toilets are installed.
E. The Plaintiff obtained approval for the use of the instant building on November 24, 2014 and around December 16, 2014, among the instant buildings.
The contents of the part (A) part (57.15 square meters) in the port (57.15 square meters) are changed into a dunes (the size of the second floor on the ground and the total floor area of 500.4 square meters).
F. From July 11, 2014 to August 25, 2015, the Plaintiff.