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(영문) 수원지방법원 2017.11.17 2017가합15549
시설물철거등 청구의 소
Text

1. Of the real estate listed in the attached Form 1, the Defendant shall successively order each point of the attached Form 2 drawings 1, 2, 3, and 4.

Reasons

1. Basic facts

A. On or around August 2015, the Plaintiff purchased and owned No. 101 of the building listed in attached Form 1 (hereinafter “instant building”). The Defendant, around May 199, owns 401 of the instant building (hereinafter “No. 401”). The Plaintiff’s assistant buyer purchased and owns No. 201 of the instant building around April 2010.

B. As a result of an on-site investigation conducted on around 401 in 2009, the head of Yeongdeungpo-si, the head of the Gu, the territory of which, in turn, connects each point of Annex 2, Annex 1, 2, 3, 4, 5, 6, 5, 5, 1, 57.02 square meters or less on board, which is marked as four-story rooftops on the building ledger of the instant building.

On April 21, 2009, the Ministry of Land, Infrastructure and Transport issued an order to restore the portion illegally extended to the Defendant to its original state, and notified the Defendant of the entry of the violation in the building ledger of this case on December 11, 2009, and imposed a non-performance penalty on the Defendant on December 11, 2009.

C. On November 25, 2011, the Defendant notified the head of Yeongdeungpo-si Office of the restoration of the instant rooftop part to its original condition, and the head of Young-si Office entered the cancellation of the building in the building ledger of the instant building on November 25, 201, and the Plaintiff paid the enforcement fine on November 30, 201.

On February 28, 2012, the head of Yeongdeungpo-si Office confirmed that the Vietnam portion of this case was not restored to its original state. On February 28, 2012, the Defendant notified the Defendant of the corrective order to correct the illegal extension under 401, the Defendant entered the building in the building ledger of this case, and urged the Defendant to implement the corrective order on August 23, 2012, and imposed the enforcement fine upon the Defendant on November 27, 2012.

E. On November 28, 2012, the Defendant issued the Suwon District Court No. 2012Guhap15594 against the head of Suwon-si.

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