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(영문) 대전지방법원 2015.09.16 2015가단15822
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 19, 2001, the building of the second floor B in Daejeon Dong-gu (hereinafter “Gu building”) owned by the deceased C (Death on July 2, 201) who is the husband of the Plaintiff. On February 19, 2001, the registration of partial transfer of ownership in the name of the Plaintiff was completed on the ground of donation on February 17, 2001, and around 2000.

B. Around October 200, the Defendant confirmed the violation of the Building Act, such as the extension of a building permit by the deceased C beyond the scope of a building permit during the process of extension of the old building, and notified the network C of voluntary rectification of the illegal building on two occasions ( October 19, 200, November 15, 200).

On December 5, 200, the Defendant informed the net C of the fact that he did not comply with the above corrective measures, and that he did not impose the charge for compelling compliance until March 31, 2001 through the hearing following the accusation of an unauthorized building and the imposition of the charge for compelling compliance.

After that, as C voluntarily removes illegal buildings, administrative disposition was terminated without imposing enforcement fines.

C. Following the removal of a new building on March 2010, a 4th floor building (hereinafter “new building”) was newly constructed on the said ground. On September 10, 2010, the registration of initial ownership was completed under the Plaintiff’s name.

The Defendant confirmed the extension of an unauthorized building on the fourth floor of a newly constructed building, and notified the Plaintiff of the voluntary removal of the illegal building on three occasions (on December 1, 201, December 29, 201, and February 6, 2012). The administrative disposition was terminated as the Plaintiff voluntarily removed the illegal building.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 5, Eul Nos. 1, 2, and 6, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On the other hand, the defendant has taken measures such as notification of removal and imposition of enforcement fines against the plaintiff's violation of the Building Act. On the other hand, the defendant violated the Building Act of Daejeon-gu, Daejeon-gu.

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