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(영문) 서울고등법원 2017.01.18 2015나2045831
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment citing the reasoning of the court of first instance is identical to the reasoning of the judgment of the court of first instance, and such judgment citing the reasoning of this judgment by the main sentence of Article 420

2. 고치는 부분 ▣ 제1심판결문 제2쪽 11행 ‘철근콘크리트조 박공지붕 198m2’ 부분을 ‘경량철골조 샌드위치판넬지붕 198m2(공부상 표시 기준)’으로 고침 ▣ 제1심판결문 제3쪽 기초사실 중 ‘마, 바, 사’항을 아래와 같이 고치고, 제4쪽 [인정근거]에 ‘갑 제9호증, 을가 제1호증, 을나 제1호증, 이 법원 증인 H, I의 증언’을 추가

E. (1) Around May 201, the Plaintiffs received a prior notice of disposition of corrective order for the reason that there was an extension of the instant building without permission from the head of the Si/Yan-dong, Goyang-si. Around that time, the current status of the instant building was built far away from the main debt 306.1m2, which was operated as a restaurant and its side, and used as an employee’s lodging room (hereinafter “instant separate accounting”).

A) A general restaurant of 13.5 square meters and 94.6 square meters (8 square meters at the time of the loading and unloading) constructed in excess of 198 square meters in the public register in this loan, and a general restaurant of light-scale iron bars (88 square meters at the time of the loading and inspection) are located.

The portion and the portion of the separate loan in this case were found to have been illegally expanded (hereinafter referred to as “the portion of the unauthorized extension of the separate loan in this case”).

(2) On February 23, 2012, the Plaintiffs received a corrective order with respect to the portion of the instant separate bonds and the portion of the instant additional bonds issued from the head of Sinsan-dong, Manyang-si, and the same year as the enforcement fine.

9.5. 3.74 million won, imposed on October 25, 2000 won, and paid all around that time.

F. By August 6, 2012, the Plaintiffs removed the portion of prefabricated food board general restaurants of 13.5 square meters from among the portion of the instant separate debt and the portion of the main debt without permission and restore the said portion to its original state.

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