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(영문) 서울중앙지방법원 2018.04.25 2017나81993
불법건축물미공지중개로인한손해배상
Text

1. The plaintiff's appeal and the claims added by this court are all dismissed.

2. A claim for the expenses of appeal shall be made by addition; and

Reasons

1. The ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument by the court of first instance, and according to the evidence duly adopted and examined by the court of first instance, the fact-finding and judgment by the court of first instance are justified

Therefore, the reason why the court's explanation on the instant case is as follows: (a) the term "house table" in the third page 5 of the judgment of the court of first instance shall be corrected to "house table"; and (b) the ground for the judgment of the court of first instance shall be as stated in the main sentence of Article 420 of the Civil Procedure Act, except in the case of "2."

2. Parts to be dried;

A. In the second part of the judgment of the court of first instance, the smaller portion between the 15th to the 20th one is as follows.

(2) The Defendant: (i) KRW 3,56,080 for enforcement fines paid by the Plaintiff on the ground that the Plaintiff was determined as unlawful buildings (i.e., KRW 1,320,480 for the year 2016 + KRW 2,245,600 for the year 2017); (iii) KRW 24,600,00 for the amount of property value reduced due to the loss of the rooftop; (ii) KRW 33,16,000 for the aggregate of KRW 16,00 for the area of the rooftop x 16,000 for the total area of the building x 16,000 square meters x 16,000 for the total area of the building x 16,000 square meters; (iii) KRW 5,000 for the damages compensation of KRW 3,566,000 for the damages compensation of KRW 20 for the damages of KRW 40,500 for the damages.

The obligation to compensate for damages for this and damages for delay.

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