1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. According to the counterclaim that was brought at the trial of the court, the plaintiff (a counterclaim defendant).

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. The Plaintiff is an executor of the business of constructing urban-type residential housing (studio-type) and officetels (hereinafter the above urban-type residential housing and officetels (hereinafter the “instant building”) on the land of 898 square meters in Nam-gu, Incheon Metropolitan City (B), and the Defendant is a person who conducts the architectural design business while operating C office.

B. On February 21, 2011, the Plaintiff entered into a design service contract with Cuba Construction Design Office (hereinafter “Cuba Construction Design Office”) and accordingly filed an application for a building permit on the instant building based on the basic design submitted by Cuba Construction Design Office. On May 201, 201, the deliberation on the authorization of the instant building was rejected.

C. The instant project was planned to newly construct and sell buildings with 125 households and 30 households of the initial urban residential housing units, but the contractor and the sales agent of the instant building brought about the problem that the office design plan of the Cub Building Design Office (hereinafter “existing design plan”). The Plaintiff entered into a basic design service contract (hereinafter “instant service contract”) with the Defendant on June 24, 201 in order to change the apartment-type residential housing to 126 households, and the officetel to 56 households. The main contents of the instant service contract are as follows.

Article 2 of the basic design contract for urban-type B residential housing in South-dong-gu / [Projects] ① Details of this project shall be as follows:

1. Service name: Basic design for urban-type housing in South-dong-gu;

2. Location: Southern-gu Incheon Metropolitan City B;

3. Site area: 217.74 square meters (898.30 square meters).

4. Total floor area of business: 2,898.76 square meters (9,582.68 square meters).

(2) The size of the project under the preceding paragraph, among the projects, may be changed according to the basic design.