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(영문) 서울고등법원 2018.06.21 2017나2032211

건물등철거

Text

1.The judgment of the first instance, including modifications to claims in the trial, shall be modified as follows:

The plaintiff's defendants.

Reasons

1. Basic facts

A. 1) One household is composed of three separate households, each of which consists of 2 to 4 floors, multi-household houses, 4 floors, multi-household houses, E, 130 square meters of ground reinforced concrete structure (refinite concrete structure), 130 square meters of land (refinite structure) in Gucheon-si (hereinafter “instant multi-unit houses”).

) The first owner of the instant apartment house was F, and the Plaintiff was from F on October 6, 2013 to 201 of the instant apartment house 201 (hereinafter “Plaintiff’s household”).

(2) On October 5, 2013, the Plaintiff purchased the instant apartment house, and completed the registration of ownership transfer under the Plaintiff’s name with respect to the instant Plaintiff household on May 6, 2015 (hereinafter “instant apartment house”). On May 6, 2015, the Defendants purchased 330 square meters (hereinafter “instant land”) adjacent to the south side of the instant apartment house, and completed the registration of ownership transfer with respect to 1/2 portion of each of the instant land on June 5, 2015, and thereafter newly constructed a multi-unit house with reinforced concrete structure sloping roof (hereinafter “multi-unit house”) on the instant land.

B. On September 16, 2010, the instant tenement house obtained a building permit on the scale of 4 stories on the ground, 72.93 square meters on the ground, total floor area, 194.19 square meters on the ground, 56.10% on the building-to-land ratio, 149.38% on the site, and 10.24 meters on the height of the instant tenement house. On April 4, 2011, the instant apartment house was subject to a building permit on the scale of 4 stories on the ground, building area, 70.9 square meters on the ground, total floor area, 191.4 square meters on the building area, 70.9 square meters on the aggregate, 54.61% on the building-to-land ratio, 147.25% on the height, and 10.24 meters on the scale of 10.24 meters on the instant apartment house.

3 The instant tenement house was approved for the use of the structure in which the space of the living room for each household of the size of “1.2m, 0.4m, 0.4m, and 0.48m,” on the completion drawing, was opened on the south side. However, the structure was modified by expanding the size of the living room thereafter into “2.8m, 1.7m, 4.7m, and 4.76m,” and then expanding the size of the living room into “2.

Two windows, which are toward the south side, have also been approved for use of the same structure as the living room.