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(영문) 인천지방법원 2018.02.01 2017가단206570
손해배상(기)
Text

1. The Defendant: 22,234,700 won to Plaintiff A; 23,543,500 won to Plaintiff B; 20,801,600 won to Plaintiff C; and 14.

Reasons

1. Basic facts

A. The Plaintiffs are the owners and residents of the pertinent households indicated in the “Dong” and “Sho number” column of the attached Table 1 of the attached Table 1 of the “Dong” and the “Sho number” of the 5th apartment house located in Seo-gu Incheon, Seo-gu (hereinafter “instant housing”), and the Defendant is the owner of J large-scale 2761.4m2 adjacent to the same page of the instant housing, who newly built seven multi-households on that ground (hereinafter “instant newly built housing”).

B. After obtaining construction permission from the competent administrative agency on May 23, 2016, the Defendant was approved for use on January 9, 2017.

C. Of the instant housing units, 103 and 106 households on the 5th floor, each of which consists of eight households on the 5th floor, and the Mayor of a large city with a population of at least 500,000 excluding the Seoul Metropolitan City and the Special Self-Governing City under Article 175 of the Local Autonomy Act, may subdivide and designate a residential area, commercial area, industrial area, and green area in accordance with the determination of an urban and Gun management plan pursuant to Article 36(2) of the Act, as follows:

1. Residential area:

(b) General residential area: Area (1) 1 general residential area: Area required for creating the convenient residential environments centered around the low-rise houses: Area (2) 2 general residential area: Area required for creating the convenient residential environments centered around the middle-rise houses; Area (3) 3 general residential area required for creating the convenient residential environments centered around the middle-rise houses; and

(c) Quasi residential area: it is located in the area required for supplementing a part of the commercial function and business function to support it by centering around the residential function, and the newly-built housing in this case shall be 7 and 5 floors above each ground.

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