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(영문) 서울동부지방법원 2018.07.13 2016가단7716
손해배상(기)
Text

1. The defendant shall be the plaintiff.

(a) Of the fourth floor of the building listed in the attached Table 1 list, the Attached Form 2 Map 1, 2, 3, 4, 5, 6, and 1 shall apply.

Reasons

1. Facts of recognition;

A. The Plaintiff newly constructed and completed a 4-story residential building on the ground of Gangdong-gu Seoul Metropolitan Government (hereinafter “instant damaged building”) and had completed registration of preservation of ownership on September 3, 2009, and had resided in the said building.

B. On February 28, 2005, the Defendant: (a) was the owner who had completed the registration of ownership transfer on D large 165 square meters and two-story housing buildings adjacent to the instant building site (hereinafter “previous building”); (b) removed the previous building on June 28, 2005; (c) obtained a construction permit to build a five-story multi-household housing; and (d) newly constructed the five-story aggregate building listed in the attached Table 1 (hereinafter “instant provisional building”) on September 24, 2015, and completed the registration of ownership transfer in its name on October 7, 2015 after obtaining approval for use on September 24, 2015.

C. Since then, without obtaining permission from the competent authority, the Defendant: (a) installed the walls of the steel agents sand site panel on the part of the size of 30 square meters in the ship connecting each point of the attached Form 2 drawings Nos. 1, 2, 3, 4, 5, 6, and 1, which are the fourth bed part of the instant Literacy Building, which is the fourth bed part of the instant Literacy Building; and (b) constructed and expanded the roof by covering it.

(hereinafter referred to as “the above extension parts”) The portion for which the extension was unauthorized. D.

The building of this case was newly built at a separation distance of 4.1m from the damaged building in the south direction, and the cross-location of the damaged building, including the damaged building and the unauthorized extension portion, is as shown in the attached Form 3.

E. The Gangdong-gu Office, the competent authority, issued a corrective order ordering the Defendant to remove the portion of the unauthorized extension of the instant case, and imposed a non-performance penalty, but the Defendant is using it as it without removing the portion of the unauthorized extension until the closing date of the instant pleading

[Ground of Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-1, 2-2, Gap evidence 3, Gap evidence 5, Gap evidence 6-1, 2, 3, Gap evidence 7-1, 2, and 3-1, 2, and 3, the appraisal result of appraiser E, the purport of the whole pleadings

2. The assertion and judgment are made.

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