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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. D and E owned a building on the 6th ground of Seongbuk-gu Seoul Metropolitan Government H and K [the 2,092.81 square meters (a total of the building area; hereinafter “existing building”)]. However, upon joint investment with the Plaintiff, D and E decided to extend the 6th ground of the above ground and F,O, L, I, J, M, N, P, and P (hereinafter “Plaintiff, etc.”) on the ground of the 2nd ground level below the ground level of the existing building, adjacent to the right side of the existing building, and obtained a building permit jointly as the owner of the building around December 2, 193.
B. Although the Plaintiff et al. jointly invested the extension cost and completed the extension work on April 1994, the extended building of this case was not completed the preservation registration due to the failure to obtain approval for use due to the violation of the Building Act, such as the infringement of the construction line, the infringement of the right to sunshine, etc., and the compensation is imposed because the Plaintiff et al. did not obtain the land for the
C. The structure of the extended building is 59.35 square meters in the area of one story, 2, and 3 stories, 74.18 square meters in each 74.18 square meters, 4 and 5 stories in each 370.76 square meters in each 326.59 square meters, and 6 stories in each 326.59 square meters in each 4 and 6 stories in each 1 to 3 stories in each 1,26.59 square meters in each 1 to 2000 square meters in each 1 to 2000 square meters in each 1 to 2000 square meters in each 3rd in each 1 to 2000 square meters in each 3rd in each 1 to 2nd, and the 3rd in the parking lot was used by the
Of the five floors of the instant extension building from D and E on June 24, 1999, the Defendant leased and used 20 square meters among the 40th and 6th of the fifth floor of the instant extension building from D and E on June 24, 199, and the portion equivalent to D and E’s shares in the D and E out of the instant extension building on February 20, 209, equivalent to the 60th and 40th of the 425th of the 5th and 6th of the 40th of the 5th of the 425th of the 400th of