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1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as the ground of the judgment of the court of first instance except for the following "2. height", and thus, it is acceptable by the main sentence of Article 420 of the Civil Procedure
2. Parts in height:
A. Section 1-C of the first instance judgment is dismissed as follows, and “No. 11” is added to the part in which the grounds for recognition are stated in paragraph 1.
“The scheduled date of occupancy stipulated in the contract for sale in this case was around March 2018, and the Defendant reported the scheduled date of commencement to March 16, 2016, but the Defendant changed the scheduled date of occupancy to December 2018, and the actual completion was March 15, 2019.”
B. The second-A-2 of the judgment of the court of first instance is raised as follows.
(2) The defendant's assertion and judgment A) The defendant asserts that the new construction work is delayed due to the illegal and unjust disposition or work instruction at the time of Seogpopo-si, so there is no cause attributable to the defendant.
B) The facts of recognition (1) The Defendant is the Plaintiff’s business area of 2,293.07 square meters from the Seopo City on March 23, 2015 (i) the site area of 2,293.07 square meters (i.e., commercial area of 1,562.68 square meters; hereinafter “instant business area”).
(2) On May 4, 2016, the Seogpo-si mayor obtained a building permit with a building area of 1,50.84 square meters, accommodation facilities for construction purposes, and building height of 25 meters (the underground 1st floor and the ground 9th floor). However, on May 4, 2016, the Seogpo-si mayor is a comprehensive plan for the development of a free international city under Article 223 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (amended by Act No. 13660, Dec. 29, 2015; hereinafter “Special Act on Jeju”).
The maximum height of a building in the case of an Eup/Myeon planning zone located within the instant business zone shall be 25 meters in the case of a commercial area, and 20 meters in the case of a quasi-residential area, and the hotel site in the instant hotel site shall be limited to 25 meters in the height of the part belonging to the commercial area and 20 meters in the height of the part belonging
on the ground that "...."