Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1, 2, and 3, together with the whole purport of the pleadings:
The plaintiff is a corporation established on October 20, 2005 for the purpose of indoor building business, building construction business, etc.
B. C is the Plaintiff’s internal director, and the Plaintiff’s representative director D is the Plaintiff’s children.
C. The defendant is a corporation established on October 12, 2004 for the purpose of housing construction business and civil engineering construction business. D.
(1) Around July 2013, E Co., Ltd. (hereinafter “E”) entered into the instant agreement with the Defendant on the following arrangement (hereinafter “instant agreement”) with respect to the construction and sale of “G’s detached housing units” (hereinafter “instant project”) that is being created in a single source of land in the same ducheon-si.
(2) The rights and obligations of the defendant under Article 2 (Rights and Obligations of the Parties) of the Agreement are as follows: (1) The defendant deal with civil works (construction site and road construction works, sewage pipe reclamation works, water supply works, fences, landscaping works, etc.) and administrative affairs (construction design, authorization, permission, completion, etc.) for site creation.
(1) E shall undertake the new house construction work in its entirety, and first as of October 30, 2013, it shall be the average type [30 square meters (25), 35 square meters (305), 40 square meters (35 square meters)), 40 square meters (35 square meters (35), 30 square meters)] by design offered by the Defendant for open opening at the model, as of September 30, 2013.
(2) E shall take charge of the distribution prescribed in paragraph (3) with the defendant.
(3) Where the sale of a model house is made, E shall newly construct a house of the same type as the number of units to be sold.
Article 4 (Settlement of Amount) 1) The selling price of the housing site in progress by the Defendant shall be KRW 90,000 per 3.3 square meters of the selling area (the design cost and the community construction cost shall be separately determined), and the selling price, including the housing, shall be calculated by calculating the cost of the construction (including the reasonable profit) input after the completion of the model house.