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(영문) 수원지방법원 2014.08.28 2014나10172
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and all the plaintiffs' claims corresponding to the above revoked part shall be revoked.

Reasons

1. Facts of recognition;

A. During the period of Ansan-si, the Plaintiffs owned 1/3 shares of each of the instant buildings, respectively, 438.75 square meters (factory 387.75 square meters and office 51 square meters), 51 square meters for two floors, 49.37 square meters for storage of a block structure, a block structure, a rash roof, etc. (hereinafter “instant building”).

B. On Aug. 2, 2007, the Plaintiffs concluded a contract to lease the instant land and buildings from July 11, 2007 to July 10, 2012, the lease deposit amount of KRW 80 million, monthly rent of KRW 7 million (hereinafter “instant lease contract”) with I Co., Ltd. (hereinafter “I”), and the lessee agreed to use the instant building for the purpose of sports-related facilities, incidental facilities, internal restaurants, and drinking places.

C. F requested the Defendant, an architect, to allow the instant building to be used as a fitness, etc. on October 31, 2007, the Defendant stated in the owner column of the report on the change of the use for construction and substantial repair as “B, A, C, and the site condition column” in “B, and Gyeonggi-do E” in the building site column, “Class II neighborhood living facilities, Class I neighborhood living facilities,” and “B and two owners” in the reporter column on each main use column of the outline of each building for which the report is applied, and submitted a forged report on the change of the use for construction and substantial repair as above to the public official of the Gu office for the same day.

In addition, on November 12, 2007, the Defendant stated “A, C,” “G” in the site location column, “H” in the lot number column, and “B and two other persons” in the applicant column, affixed their respective seals, and submitted on November 14, 2007 to the construction traffic of the Gu office and the public officials of the Gu office for the purpose of using forged information.

E. During Ansan-si, the head of the Gu shall make November 15, 2007.

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