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(영문) 광주고등법원 2019.01.04 2017나15989
손해배상(기)
Text

1.The judgment of the first instance, including any claims added at the trial, shall be modified as follows:

Defendant B and C.

Reasons

1. Facts of recognition;

A. Defendant B is the owner of each real estate listed in the separate sheet Nos. 1 through 3, and Defendant C is the owner of each real estate listed in the separate sheet Nos. 4 through 10, and Defendant D, as the relative of Defendant C’s children, has managed each real estate listed in the separate sheet on behalf of Defendant B and C (hereinafter “each real estate”).

B. On December 19, 2013, the Plaintiff entered into a lease agreement with Defendant D, the agent of Defendant B and C, with the content that each of the instant real estate and each of the instant unauthorized wood buildings (4, 3, 40,000,000,000,000,000 won on the date of the contract, and the sum of the KRW 170,000,000,000,000,000,000,000 on December 30, 2013, and the sum of KRW 70,000,000,000,000,000 on the date of the lease agreement, and KRW 30,00,00,000,00 on February 12, 2014 (hereinafter “the instant lease agreement”).

C. On the other hand, on August 12, 2014, the head of Shisung-Gun received a civil petition on the confirmation of whether a building installed in the vicinity of the land I (attached Form 6 in the list of the annexed Table) was an illegal building, and conducted a field investigation thereon, confirmed that 4 and 3 warehouses and three warehouses installed in the above I land were in violation of the Building Act. On August 7, 2014, he notified Defendant D of his intention to issue a corrective order related to the restoration of illegal building to the original state. On August 12, 2014, the head of Shisung-Gun sent to Defendant C a letter to the effect that “A certain building installed in the land I in the Seoul-gun-gun Special Metropolitan City I was confirmed as an extended building in violation of Article 11(Building Permits) of the Building Act, which was ordered to restore the building to the original state by October 31, 2014.

2.3.

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