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(영문) 대전지방법원 2016.04.14 2015가단30937
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 19, 2001, the building of the second floor C above the Daejeon Dong-gu (hereinafter “Gu building”) owned by the deceased D (Death on July 2, 201) who is the husband of the Plaintiff. On February 19, 2001, the ownership transfer registration of the Plaintiff’s name was completed on the ground of donation on February 17, 2001, and around 2000.

B. On October 200, the Dong-gu Daejeon Metropolitan City confirmed the violation of the Building Act, such as unauthorized Extension of the network D without permission in excess of the scope of the construction permission during the extension of the old building, and notified the network D of voluntary rectification of the illegal building on two occasions (O. 19, Nov. 15, 200).

On December 5, 200, the defendant issued a notice that the net D's failure to comply with the above corrective order, and that the violation of the Building Act is subject to the hearing following the accusation of an unauthorized building and the imposition of a charge for compelling compliance, and that the charge for compelling compliance is suspended by March 31, 2001.

After that, as D voluntarily removes illegal buildings, administrative disposition was terminated without imposing enforcement fines.

C. Following the removal of a new building on March 2010, a 4th floor building (hereinafter “new building”) was newly constructed on the said ground. On September 10, 2010, the registration of initial ownership was completed under the Plaintiff’s name.

The Dong-gu Daejeon Metropolitan City confirmed the extension of an unauthorized building on the fourth floor of the new building on the fourth floor of the new building, and notified the Plaintiff of voluntary rectification of the illegal building on three occasions (on December 1, 201, December 29, 201, and February 6, 2012). The administrative disposition was terminated as the Plaintiff voluntarily removed the illegal building.

E. In relation to the construction of the Plaintiff’s building, the Plaintiff filed a claim against E, who had resided adjacent to the Plaintiff’s building, for damages due to the cause that E interfered with construction by filing a civil petition with the Dong-gu Daejeon Metropolitan City, Daejeon Metropolitan City. In the process of the lawsuit, the existence of an illegal building located adjacent to the building located adjacent to the Plaintiff’s building is aerial photography.

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