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(영문) 서울고등법원 2020.01.17 2019누41876
위반건축물 표시 말소신청 거부처분 취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Acknowledgement of the reasoning of the judgment of the court of first instance is the same as the statement of the reasoning of the judgment of the court of first instance, in addition to the following parts which are to be stated in this judgment, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Article 34 (1) of the Building Act shall be amended to "Article 38 (1) of the Building Act" in Part 3 of the judgment of the first instance court.

Article 4 (4) of the Building Ordinance shall be amended to "Article 4 (3) and (4) of the Building Ordinance" on the 6th and 4th of the judgment of the first instance court.

Part 7 of the judgment of the first instance court shall add the following:

【F) According to the appraiser’s appraisal, the Plaintiff installed partitions in the part exceeding the size on the building ledger among the instant buildings and corrected the violation.

"At the time of the first instance judgment, the buildings of this case were composed of first, second, and multi-storys and warehouses, and the area of the first and second floors was the same." After the first instance judgment, the defendant removed part of the buildings of this case and paid compensation for losses of 34 square meters on the first floor. (2) After checking the site of the building of this case in March 2016, the defendant identified the actual status of the building of this case and the current status of the building ledger as follows.

[3] Part 8 of the first instance judgment, the following shall be added to the 8th sentence, and the 6 and 7th sentence (does shall be excluded from the number of parallels):

) Each entry in Eul’s “(including a serial number)” shall be written in Eul’s 7, 10 through 14, 17 through 21, and 23(including a serial number). The phrase “each entry in Eul’s 7, 10 through 14, 17 through 21, 23, 35, and 36(including a serial number)” and “the result of the appraiser’s appraisal.” According to the result of the appraiser’s appraisal, the actual status at the time of the appraisal of the building of this case shall be one story 90.26 square meters, two stories, 93.4 square meters, and a total of 183.70 square meters.

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