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(영문) 서울고등법원 2018.10.18 2018누51302
시정명령 취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 25, 2016, the Plaintiff leased a part of the first floor and the second floor of the building on the second floor of Jongno-gu Seoul and C two parcels (hereinafter “instant building”) from D who owned all the second floor and the second floor of the said building.

B. In the building ledger of the instant building, the area of one story is 95.21 square meters, and the area of two stories is 62.15 square meters, respectively, but the actual area of two stories is 95.21 square meters, which is the same as the area of one story.

C. On May 6, 2016, the Plaintiff: (a) filed a report on general restaurant business with the location of the instant building as “E”; (b) the area of the place of business as “62.15 square meters” (hereinafter “instant business report”); (c) around that time, the Plaintiff conducted an investigation on the Plaintiff’s place of business as a general restaurant business; (d) on June 8, 2016, the Plaintiff filed an application with the Defendant for the revocation of the instant disposition on the 195.21 square meters exceeding the original reported area of the place of business; (b) on July 6, 2016, the Plaintiff filed an application with the Seoul Administrative Court for the revocation of the instant disposition on the 20th square meters of the building on the ground that the Plaintiff’s actual place of business was “1,000 square meters of the instant building; and (c) filed an application with the Defendant for the revocation of the instant disposition on the 20th square meters of the building on the 20th anniversary of the building’s construction without permission.

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