1. The Defendants are jointly and severally and severally 122,08,980 won and 5% per annum from November 25, 2016 to March 23, 2018.

1. Basic facts

A. On June 19, 2016, the Plaintiff entered into a master plan and a construction design contract (hereinafter “instant design contract”) with Defendant B, who engages in the construction business under the mutual name “D”, with respect to the new construction of a detached house on the ground of Gyeonggi-gu E (hereinafter “instant land”) (hereinafter “instant housing”).

The contents of services to be provided by Defendant B to the Plaintiff according to the instant design contract are as follows.

Items on-site surveys, review of laws and regulations and administrative matters, site analysis, planning, design/design outline of land utilization plan, placement plan, plane plan, plane plan, elevation plan, plane plan, lighting plan, cost statement/materials finishing table, cost statement, work guidelines, construction manual, site management body list, quality control card construction design plan (disposition plan, ground plan, elevation map, cross-section, structure map, interior finishing map) for construction of the items of service;

B. On August 25, 2016, the Plaintiff concluded a construction contract with Defendant B on a contract for the instant new housing construction project (hereinafter “instant construction project”) with the content that the construction cost of KRW 290,000,000 was awarded.

The instant house was completed on November 2016, and the Plaintiff received the instant house on November 25, 2016.

C. The Plaintiff filed an application with the competent administrative agency for approval for the use of the instant housing around November 2016, but failed to obtain approval for the use from the competent administrative agency on the ground that the instant housing was completed by breaking up and completed land owned by others (hereinafter “instant adjacent land”).

On the other hand, Defendant C, as the actual operator of “D”, performed duties under the instant design contract and the instant construction contract with Defendant B.

[Ground of recognition] A without dispute, Gap evidence Nos. 1-4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant housing is adjacent to the instant land.