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(영문) 서울북부지방법원 2017.05.12 2015가단145877
건물등철거
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) Seongbuk-gu Seoul and D ground reinforced concrete structure;

Reasons

1. Facts of premise;

A. The Plaintiff is the owner of the building on the ground [the second floor size (the height is approximately 6.8m), the rooftop is composed of two floors on the ground, and the Plaintiff is the owner of the building on the ground, and the Defendant is the owner of the building on the ground (the building on the ground), the third building of 149m2 and the third building of 89m2 adjacent to the Plaintiff’s building (hereinafter “Defendant building”).

The Plaintiff’s building completed the approval for use on July 9, 1996, and the Defendant’s building was newly constructed with a single story house on July 10, 2013 and completed the approval for use on July 10, 2013 (8m in the height of the fourth floor, 10.285m in the height of the fourth floor, 10.285m in the height of the fourth rooftop), Gowons and Class II neighborhood living facilities for detached houses.

Secondly, the separation distance of the above two buildings is one point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point

⑷ 피고건물은 2, 3층 면적이 134.09㎡로 동일한 수직 일체형 건물이고, 4층은 등기부상 97.86㎡이고 옥탑이 있는데, 피고는 4층 베란다 부분의 주문 제1항 기재 선내 ㈎ 부분 17.587㎡에 무허가시설물(‘불법시설물’이라 한다)을 설치하였다.

B. (i) the degree of infringement of the right to sunshine, the rate of infringement of tent and privacy of the Plaintiff’s building in Class 2 general residential area under a land use plan is as follows: (i) the number of sunlight hours out of the total number of sunlight hours between 08:0-16:00 to 00-8 hours of windows facing the Defendant’s building from among the windows of the first and second floors of the Plaintiff’s building located in Class 2 general residential area under a land use plan:

When the total number of sunlight hours of the daylight in succession of the total number of the daylight hours on the floor after the construction of illegal facilities after the construction of the defendant building before the construction of the new building by the measuring point: When the total number of hours of the daylighting on the floor meets 40,00 hours: When the total number of hours of the daylighting on the floor meets 2 hours: When the amount of minutes meets 4 hours: When the amount of minutes meets 2 hours: 1-1 of the first floor satisfactory to 2 hours: 2: X 2:32:32.

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