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(영문) 서울중앙지방법원 2020.10.26 2019가단5087135
설계비반환
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that runs the housing construction business, etc., and the Defendant is a corporation that annually executes the construction design and supervision business.

B. 1) In Jeju, C Forest land 686m2 and D cemetery 69m2 (hereinafter “instant land”).

E (hereinafter “E”) the owner of the Company E (hereinafter “E”).

() On November 3, 2015, the Plaintiff: (a) granted a permit to construct “ware facilities and second class neighborhood living facilities” (hereinafter “instant prior building permit”) with respect to the ground of 4,985 square meters (site area) among the land in question from the Jeju Mayor; and (b) having two buildings on the ground (building area and 936 square meters in total area).

(2) The prior building permit in this case was revoked ex officio by the Jeju Market on January 2, 2018, since the period of permission was extended once until November 1, 2017, and the period of permission did not begin within that period.

C. (1) On February 8, 2017, the Plaintiff entered into a joint development project agreement with E to jointly implement a collective housing development project on the instant land. The Plaintiff agreed to pay KRW 5 billion to E, instead of exercising overall control over all the business affairs of the development project and receiving development gains. (2) On August 1, 2017, the Plaintiff entered into an agreement with the Defendant and the Plaintiff on August 1, 2017 on the first floor below the entire land (site size 6,935 square meters) and the first floor below the ground and the fourth 7 units above the ground (56 units) construction of the “urban Living Housing” ( Complex-type multi-household housing, construction area 4,680 square meters) (hereinafter “instant project”). The Plaintiff entered into a contract on the construction of new construction works (building, structure, machinery, electricity, communications, fire-fighting) and civil engineering-related services (disaster impact assessment, urban planning, permission for development, permission for development, surveying, geological survey, value-added tax excavation and value-added tax).

(hereinafter “instant service contract”). 3 The Plaintiff is the Defendant.

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