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(영문) 전주지방법원 2017.06.08 2016나4955
용역비
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the above order shall be revoked.

Reasons

1. Basic facts

A. 1) The Plaintiff and Defendant C’s design contract entered into with Defendant C, and the Plaintiff is 313 square meters prior to D in Seopo-si owned by Defendant C (hereinafter “instant land”).

) A design contract on the ground multi-family house was concluded (hereinafter “instant design contract”).

(2) The Plaintiff prepared a design drawing (hereinafter “the first design drawing”) in accordance with the instant design contract, and applied for a building permit on behalf of the Defendant C on August 4, 2015. On August 21, 2015, the Defendant C obtained a building permit from the Seopopo City on the instant land to newly construct a building with the size of 313 square meters on the instant land, the building area of 183.52 square meters, the total floor area of 493.49 square meters on the instant land, the total area of 493.49 square meters on the attached parking lot, the number of indoor stocks of the attached parking lot, and the number of buildings with the size of

B. On August 19, 2015, Defendant C entered into a contract for the alteration of design between the Plaintiff and the Defendants on the boundary surveying of the instant land, and confirmed that part of the instant land is assigned to the road. (2) On September 8, 2015, Defendant C entered into a contract for the sale of the instant land under a special agreement with Defendant B, stating that “the purchaser is directly paid to him/her, separately from the cost of design cost,” and completed the registration of ownership transfer on the instant land in the future of Defendant B on November 5, 2015.

3) On November 3, 2015, the Plaintiff and the Defendants agree to modify the design to reduce parking lots from nine to eight (8) (hereinafter “instant modified contract”).

(C) On November 18, 2015 and November 20, 2015, Defendant C paid KRW 2,200,000 to the Plaintiff as the design price for the instant modified contract. Defendant B entered into a design contract for the instant land-based multi-family house with an open architect office on December 1, 2015, with the contract price of KRW 10,000,000, in accordance with the said design contract. On January 20, 2016, Defendant C paid KRW 10,000,000 to an open architect company under the said design contract.

2 Defendant B shall on January 2016.

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