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(영문) 서울고등법원 2017.10.20 2017나8496
구상금
Text

1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

In the lawsuit of this case.

Reasons

1. The judgment of the court of first instance on the scope of this Court rejected the Plaintiff’s claim for the performance of the procedure for the change of the name of building permit in the attached list No. 3, and dismissed the claim for monetary payment.

However, the Plaintiff appealed only to the claim for monetary payment in the judgment of the first instance court, and the claim for the change of the above building permit is excluded from the scope of the judgment of this court.

2. Underlying facts, each of the following facts is either not disputed between the parties or acknowledged by comprehensively considering the overall purport of the pleadings in Gap evidence Nos. 1, 2, 4, 10, 11, 12, 17, 24, 28, 32, Eul evidence Nos. 1, 2, and 12 (including spot numbers, if any; hereinafter the same shall apply).

[1] Around 2000, the Defendant completed the registration of ownership transfer with respect to the land listed in paragraphs (1) and (2) of the attached Table list (hereinafter the land listed in Paragraph (1) of the attached Table No. 1 and the land listed in Paragraph (2) of the attached Table No. 2 of the attached Table, and when the aforementioned land is collectively referred to, it shall be referred to as “each of the instant land”).

The 62.81 square meters of a wooden flag and a pent roof are constructed on the land, and the 62.81 square meters of a multi-story building was removed in around 200, but the registration of destruction was not completed.

The Defendant, on August 200, constructed the buildings listed in paragraph (3) of the attached Table (hereinafter “instant building”) on the second floor of which the retention period expires on each of the instant land by the head of Jung-gu Seoul Special Metropolitan City (hereinafter “the head of Jung-gu”) from August 23, 200, after obtaining a construction permit for a temporary building of the size of two floors until August 23, 2003, and obtained the approval for the use on October 12, 200.

In around 2001, the head of Jung-gu discovered the circumstances where 20 square meters of a board board warehouse on the second floor of the building of this case had been expanded on the second floor of the building of this case without permission, and around 2003, 13 square meters of the panel tank warehouse has been urged the defendant to voluntarily remove (hereinafter referred to as “the extension of this case”), and the trade name before the change of the plaintiff is made.

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