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(영문) 서울북부지방법원 2019.11.21 2018가합26134
손해배상(기)
Text

1. The Defendant’s KRW 56,076,00 for the Plaintiff and the following: 5% per annum from August 20, 2019 to November 21, 2019.

Reasons

1. Basic facts

A. On August 5, 2016, the Plaintiff agreed between the Defendant and the Dongdaemun-gu Seoul Metropolitan Government C large 307.4 square meters (hereinafter “instant land”) to grant the Plaintiff the design and building permit for the construction of neighborhood living facilities, the selection and supervision of consulting engineers, the construction work construction work, and the various design, supervision costs, and construction work costs to be decided by mutual agreement between both parties later.

(hereinafter “instant agreement”). (b)

On October 6, 2016, the Defendant completed the registration of ownership transfer on the instant land and its ground reinforced concrete structure, which was based on sale and purchase on September 9, 2016, with respect to the instant land and its ground reinforced concrete structure neighborhood living facilities and leisure pipes (hereinafter “instant building”).

C. On October 14, 2016, the Plaintiff entered into a design contract for the construction of reinforced concrete building with the size of 3 stories underground, 10 stories above ground, and 2 stories below the total floor area on the instant land on the ground, and around that time, filed an application for a construction permit with the head of Dongdaemun-gu for the said new construction of neighborhood living facilities for the Defendant, and obtained the construction permit granted to the Defendant as the owner on December 28, 2016.

[Grounds for recognition] Evidence Nos. 1-1, 2, 2, 3, and 4-2, the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that the Plaintiff concluded a design contract to construct a building on the ground of the instant land after the instant agreement and endeavored to carry out construction works as prescribed by the instant agreement, such as obtaining a building permit.

Nevertheless, the defendant did not execute the agreement of this case at all, such as carrying out remodeling construction of the building of this case through another person.

Under the instant agreement, the Plaintiff: (a) the service cost of KRW 50,700,00 under the design contract; (b) KRW 18,000; (c) the removal construction cost of KRW 2,108,00; and (d) asbestos inspection cost of the removed building; (b) KRW 250,00; (c) land consulting and removal-related labor cost of KRW 12,776,50; (d) structural design cost of KRW 3,00,000; and (e) the building permit cost of KRW 21,80.

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