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(영문) 서울서부지방법원 2016.04.21 2015나35922

약정금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The decision of the court of first instance is in accordance with paragraph 1.

Reasons

1. Facts of recognition;

A. The Defendant obtained a building permit from the head of Mapo-gu on June 26, 2003 to build multi-household houses and neighborhood living facilities with a size of 4 square meters above ground 216.14 square meters on December 6, 2007 from the head of Mapo-gu, Seoul, and obtained permission from the head of Mapo-gu to change the total floor area into five stories (the multi-story structure in which internal stairs are installed between the fourth and fifth floors), the total floor area into 182.65 square meters, and the purpose of use into multi-household houses, and obtained permission from the head of Mapo-gu.

B. On April 6, 2011, the head of Mapo-gu: (a) constructed the 4 and 5th floor of the building in which the Defendant was permitted as one household on each floor through the installation of internal stairs; and (b) installed outside stairs, other than internal stairs, to expand a total of 50.31 square meters without permission; (c) discovered the fact that a total of 182.65 square meters was substantially repaired without permission; and (d) imposed a charge for compelling the performance on the Defendant for compelling the performance of KRW 24,262,520, 2012, and KRW 27,15,700 on April 3, 2014.

C. On June 14, 2014, the Defendant, an architect, received an application from the pertinent administrative agency to receive an approval for use pursuant to the Act on Special Measures for the Adjustment of Specific Buildings with respect to the illegal buildings and D-ground multi-household housing (hereinafter “the instant multi-household housing”) with respect to the Defendant, as seen above, without permission for repairing C-household housing (hereinafter “the instant multi-household housing”), and reduced the amount of delegation by five million won, while excluding the instant multi-household housing from the subject matter of delegated duties.

On June 26, 2014, the Plaintiff received an application for deliberation from the Building Committee for cultivating illegal buildings with respect to the instant multi-household housing. On August 27, 2014, the Plaintiff obtained approval for use for the portion which was expanded and repaired without permission.

E. The Plaintiff delegated duties from the Defendant.