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(영문) 대전지방법원 2015.05.19 2014가단25648
설계비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is operating a certified architect office under the trade name of C architect office.

B. The Defendant obtained a construction permit to newly build a detached house on the ground of 5017 square meters of a forest land in Chungcheongnam-si prior to the partition, which was owned by the Defendant from Chungcheongnam-si.

C. On February 27, 2013, the said land was divided into D Forest Land 568 square meters, E658 square meters, F658 square meters, and F658 square meters (hereinafter “each of the instant lands”) and other lots.

G, which is the birth of the Plaintiff and the Plaintiff-friendly Gu, entered into a design contract with the owner G, designer, and date of preparation on November 20, 2013, which consists of the total design cost of KRW 20 million (excluding value-added tax) (hereinafter “instant first contract”).

E. After that, on March 13, 2014, an application for permission to modify a building was filed in the name of the Defendant at Chungcheongnam-si, and on March 31, 2014, the Chungcheong-si granted permission to change matters regarding the building permission to newly construct three multi-household houses on each of the instant land (hereinafter “instant new construction”) in the future of the Defendant on each of the instant land.

F. On April 2014, the first contract of this case and the content as of the date of the preparation are identical to that of the first contract of this case, and a design contract stating the owner as the Plaintiff who is not G (hereinafter “instant second contract”) was drafted.

G. After that, the instant contract was accompanied by a report on commencement of construction and a report on the change of construction participants, which was submitted at the Chungcheong City.

H. On April 28, 2014, among each of the instant lands, the registration of ownership transfer was completed on March 17, 2014 in the name of H with respect to land E, and in relation to land F and D under each of the instant lands, the registration of ownership transfer was completed on March 17, 2014 in each of the instant lands, and thereafter, the provisional registration of the right to claim ownership transfer was completed on August 1, 2014, which is the wife of G.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 4, 5, 9, 12, 13, 16 (including provisional numbers), Eul evidence No. 1 (including provisional numbers), witness G, and the purport of the whole pleadings.

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