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(영문) 서울고등법원 2015.04.14 2014누62953

유족급여및장의비부지급처분취소

Text

1. The defendant's appeal is dismissed.

2. All costs of the lawsuit shall be borne by the defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following, thereby citing it as is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. In the judgment of the first instance court

(c) add paragraphs (10) to the column for recognition as follows:

(10) The following are indicated by drawings of the instant building, the instant parking zone, and the construction performed by E:

(A) The road surface part of the instant parking zone was three floors (attached Form 2) and the F building (hereinafter “instant building”) (attached Form 2).

G, which owned both the instant building and the instant parking zone, decided to extend the front part of the instant building (attached Form B) of the instant parking zone to five floors, and the front part of the instant parking zone (attached Form 2) among the instant parking zone was to be dismantled once again on the front part of the road (attached Form 2) since there is no access to the construction vehicle except for the road direction.

(Attachment 1, 2, and 9 of the document Nos. 1, 19 of the document No. 9 of the document No. 1, 2, and 19 of the document No. 9, while E, from October 22, 2012 to October 2, 2012, he/she completed the construction by November 2, 2012 at the request of G to install the roof and both side walls of the building of this case (attached Form No. 1 of the document No. 2 of the document No. 1).

(C) In the instant parking zone, when the part of the instant building was completed and dismantled was re-built, E, like the foregoing paragraph (5), completed construction by December 23, 2012 at the request of G from November 23, 2012 for rainwater collection from the front part of the instant parking zone (attached Form A of the instant parking zone) (hereinafter “Defendant Claim 2”).

(D) Subsequent to that, E, from January 14, 2013 to January 14, 2013, is to receive rainwater from the front part of the stairs room (attached Form 3 C) of the part adjacent to the building of this case among the parking spaces of this case from January 14, 2013.