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(영문) 의정부지방법원 2018.06.08 2017가합53200
사용승인절차 이행
Text

1. The part on the claim for design service cost, among the counterclaim claims filed by the Defendant-Counterclaim Plaintiff, shall be dismissed;

3. The plaintiff (Counterclaim defendant).

Reasons

. On the instant land, the construction permit was newly obtained for the elderly and children’s facilities and religious facilities (g).

3) On September 17, 2014, the Plaintiff obtained a revised construction license based on the road division performance map. B. On March 3, 2014, the Plaintiff concluded a new construction contract for the instant land-based religious facility housing (g) on the land in E Co., Ltd. and completed the construction work around August 2014 by F.

After that, F did not deliver documents necessary for the approval of use to the Plaintiff, as F lost the claim for construction cost against the Plaintiff.

Standard design contract for buildings

1. Name of the building: New construction of a G churches or child-care centers;

2. Location of a building site: D Pocheon-si, and seven parcels;

3. Design content: - Site area: 4,027 square meters (1,218 square meters) - Use: Facilities for older persons and children and religious facilities (child-care centers) - Structure: reinforced concrete structure.

4. Contract area: 599 square meters (181.20 square meters).

5. Contract amount: 26,00,000 won (excluding value-added tax).

6. Payment method: 20% when a contract is concluded, 40% when a license or approval is granted, 40% when completion is received * special agreement.

1. Payment of any balance after the completion of a farmland diversion permission and the completion of construction of subsidiary facilities of the company school;

2. In accordance with the above design and construction progress, Eul (Defendant) shall be responsible for all heights.

C. On May 19, 2015, the Plaintiff entered into a design contract with the Defendant (hereinafter “instant design contract”) and paid KRW 5,200,000 to the Defendant.

On August 24, 2015, the Plaintiff obtained a building permit to reduce the size of a religious facility except for a childcare center from the existing building permit at the Defendant’s will, and transferred KRW 1,000,000 to the Defendant on September 17, 2015.

E. On November 17, 2015, the Plaintiff obtained a building change permit with the Defendant’s aid to change the design and reduce the building area, and transferred KRW 2,00,000 to the Defendant on November 20, 2015.

F. On February 19, 2016, the Plaintiff reported the change of construction participants to H with the Defendant’s aid.

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