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(영문) 서울남부지방법원 2017.11.30 2016가단226213
손해배상(기)
Text

1. The Defendant’s KRW 15 million with respect to the Plaintiff and 5% per annum from October 26, 2016 to November 30, 2017, and the following.

Reasons

1. Facts of recognition;

A. On May 6, 2015, the Plaintiff obtained a building permit from the Defendant for the construction of five stories and detached houses (hereinafter “instant new building”) on the ground of the total floor area of 135.92 square meters in Jung-gu, Seoul (hereinafter “instant site”). On May 29, 2015, the Plaintiff obtained a new building permit for the construction of five stories and detached houses on the ground of 216.16 square meters in total floor area. On May 29, 2015, the Plaintiff modified the design of the instant new building and obtained a modified permit for the said construction (hereinafter “instant building permit”).

B. On August 18, 2015, the Plaintiff filed a report on the commencement of the new building of this case with the Defendant, but the Defendant, around August 21, 2015, filed a re-application for a prior report on the specific construction project on the ground that the specific construction period, which was reported in advance to the Plaintiff, has expired, and requested supplementation to confirm whether it constitutes permission for development activities at the time of demolition of the existing retaining wall that was left after the construction line. The Plaintiff filed a prior report on the specific construction project on August 26, 2015.

C. On September 9, 2015, the Defendant requested the Plaintiff to supplement the “implementation of permission to engage in the development activities on the cutting and banking of retaining wall parts (land form and quality alteration) following the retirement of the building line,” and “the installation of drainage facilities after prior consultation with the land owner following the passage of another land (C) when connecting the public sewage pipes of the private drainage facilities with the land owner” (hereinafter “instant supplementary matters”). On October 13, 2015, the Defendant again requested supplementation of the aforementioned contents.

On November 11, 2015, the Defendant rejected the Plaintiff’s report on the commencement of construction pursuant to Article 15 of the Enforcement Decree of the Civil Petitions Treatment Act on the ground that the Plaintiff did not implement the supplementary measures in this case.

(hereinafter “instant disposition”) e.

After going through an administrative appeal on the instant disposition, the Plaintiff filed a lawsuit seeking the revocation of the instant disposition on September 23, 2016, in which the Seoul Administrative Court 2015Guhap12595 filed a lawsuit seeking the revocation of the instant disposition, and received the judgment that “the instant disposition is revoked.”

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