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(영문) 대구지방법원 2017.06.09 2017구합598
건축주 및 관리자명령 무효확인
Text

1. Of the instant lawsuit, the part of the claim for nullification of the corrective order with respect to the third and fourth buildings among the corrective orders issued on June 16, 2016, is with merit.

Reasons

1. Details of the disposition;

A. The Plaintiff’s head is the owner of C and D land at the time of residence (hereinafter “instant land”).

On the ground of the instant land, four buildings (hereinafter “building No. 1” or “No. 4”) are constructed according to the sequences below, without the construction report as indicated below.

The 14.04 2 Jeju Goll, Doll, Drill, Drill, Drill, Drill, and Iron structure, 10.85 Doll, 42 warehouse 42 warehouse structure, general storage 45 Doll, 10.85

B. Upon receipt of a civil petition that an illegal building is constructed on the instant land on the ground, the Defendant confirmed that the unreported building was constructed on the instant land through a field investigation, and notified the Plaintiff of a corrective order again by setting the deadline for removal as July 17, 2016 pursuant to Articles 14, 20, and 79 of the Building Act, regarding the Plaintiff as a construction manager, on which June 16, 2016, the Plaintiff notified the Plaintiff of a corrective order ordering the removal of any of subparagraphs 1 through 4 with the deadline for removal fixed on July 17, 2016 (hereinafter “Corrective Order issued on June 16, 2016”), but on July 20, 2016, the Plaintiff did not take corrective measures.

(hereinafter “Corrective Order issued on July 20, 2016”)

After that, the Defendant, through on-site surveys and satellite photographs, deemed that buildings Nos. 3 and 4 were constructed before 2006, and cannot be deemed illegal buildings. On September 6, 2016, the Defendant notified the Plaintiff of a corrective order ordering the removal of the buildings Nos. 1 and 2 by setting the removal deadline as September 27, 2016, and erroneously indicated the owner of the building as E.

On September 30, 2016, the Defendant notified the Plaintiff of a corrective order ordering the removal of the building Nos. 1 and 2 by setting the removal deadline to October 31, 2016, and the “owner or manager” to “Plaintiff and F (Plaintiff’s wife).”

[Attachment 3] Of the corrective order dated September 30, 2016, the remaining parts of the said order (Articles 3 and 4) are to be reduced (Articles 1 and 2).

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