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(영문) 서울중앙지방법원 2016.12.09 2015가단5337825
건물등철거
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around October 1982, Masung Construction Co., Ltd. (hereinafter “Masung Construction”) filed an application with the Mayor of Gangnam-gu Seoul Metropolitan Government for approval of the construction project plan that newly constructs apartment and accessory and welfare facilities of 90 households and 690 households on the land outside 167 lots (area 51,768.6m2) of Gangnam-gu Seoul and 167 lots (area 51,768m2) and

B. The “Housing Construction Project Plan” attached to the said application is as follows: (a) the area of a site subject to supply among the said 51,768.6 square meters; (b) the area of a kindergarten site (hereinafter “instant kindergarten site”) is 30.58 square meters; and (c) the area of the secondary reservation is 285.68 square meters (b) and the area of the secondary reservation is 285.68 square meters (b).

hereinafter referred to as "the apartment of this case", "the second apartment of this case", "the second apartment of this case", and "each of the above apartment of this case" are "each apartment of this case".

(a) Name of construction: New construction of D apartment units (the first and second parts);

2. Site location: Gangnam-gu Seoul and 315 lots;

3. An apartment building of a size of a building of 51,768 square meters and 37,514.21 square meters and 89,283.03 square meters in the area of a site in the second-stage housing where the details of business are divided: An apartment building of 15 stories and 9 stories on the ground level: An apartment building of 15 stories and 1 stories on the ground level: An apartment building of 15 stories and 1 stories on the ground level: an apartment building of 15 stories and 3 stories on the ground level: An apartment building of 15 stories and 1 stories on the ground level;

4. The division of the area of the ancillary facilities and welfare facilities for the first and second senior citizens, 74.879 square meters in the 75.74 square meters in the 115.619 square meters in the office of managing 30.51 square meters in the 56.586 square meters in the 896.785 square meters in the boiler room of 896.785 square meters in the 887.92 square meters in the 1,384.705 square meters in the 1,027.74 square meters in the 559.17 square meters in the 1,586.91 square meters in the 525.68 square meters in the 285.68 square meters in the

C. Around December 1983, 1983, friendly construction completed the instant apartment, and completed the second apartment around December 1984, 1984, 9 units are 1 to 10 units (not 4 units) of the instant apartment, and 11 to 15 units of the second apartment.

In the case of friendly construction, " below the land listed in the annexed Table 2 on December 31, 1988."

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