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(영문) 서울남부지방법원 2015.12.18 2015나52027
손해배상(기)
Text

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. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the part resulting from dismissal or addition as set forth in paragraph (2) below. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Parts used or added;

(a)the following shall be added between the 8th sentence of the first instance and the 12th sentence:

(3) Even if the extension part of the ground floor of this case does not constitute balcony as alleged by the Plaintiff, unlike the present situation, on the ground and the second floor of this case, a balcony with a wide size of 3.96 square meters is extended at the bottom of the extension part of the ground floor of this case, unlike the present situation of this case, and if aggregate of 3.96 square meters falling under each of the above extension part, the building area of the building of this case is 120.21 square meters. Thus, there is no change that the building of this case is extended in violation of the Building Act. In addition, the extension part of the ground floor of this case and the third floor of this case was installed at the time of the new construction of the building of this case, and even if the defendant Yangcheon-gu did not grasp the present situation and the actual difference between the present situation of the building of this case and the building of this case, it appears that it was due to the Plaintiff’s preparation of a false drawing and delivery to the defendant, and it is not permitted for the Defendant to seek damages for extension of the ground floor of this case.

(b) Parts 8, 12, and 17 of the decision of the first instance shall be followed as follows.

“No. 10 evidence, No. 2, No. 4, and No. 10.

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