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(영문) 대전고등법원 2017.06.16 2017나11214
원상회복 등 청구의 소
Text

1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

The defendant shall pay to the plaintiff KRW 21,959,305.

Reasons

1. Basic facts

A. On September 3, 2009, the Plaintiff purchased the Plaintiff’s commercial building located in the E-building located in Jinjin-si (hereinafter “instant building”). On December 3, 2009, the Plaintiff operated a Class 1 entertainment tavern with the trade name “F” after obtaining permission from the Sinjin-si market to change the use of the Plaintiff’s commercial building from “general restaurant” to “a amusement facility.”

B. On April 7, 2010, the Defendant purchased the commercial buildings listed in [Attachment 1] Paragraph (2) of [Attachment 1] located in the instant building (hereinafter “Defendant commercial building”), and obtained permission from the Si of the Si of the Si of the Guljin to change the use of the Defendant commercial building from “sales store” to “medical facility dental hospital” (it was not possible to obtain permission due to a violation of Article 47 of the Enforcement Decree of the Building Act, but was granted permission due to a mistake in the Siljin City, which was a permitting agency), and operated the Defendant commercial building in the name of “G dental hospital” (hereinafter “instant hospital”).

C. On December 17, 2012, the Defendant contributed the Defendant’s commercial building to the Codefendant C (hereinafter “Defendant corporation”) at the first instance trial, and was appointed as a director having the power of representation after establishing the Defendant corporation.

(A) On November 1, 2014, the Defendant retired from office as a director with the power of representation, and the Defendant’s wife H was appointed as a director with the same day’s power of representation). On December 31, 2012, the Defendant’s foundation completed the registration of transfer of ownership on the Defendant’s commercial building as the receipt of No. 6032, Dec. 31, 2012.

The Defendant, a corporation, to expand the instant hospital to each commercial building listed in [Attachment 1] Nos. 3 and 4 (hereinafter “instant expanded commercial building”), was donated from H on July 1, 2014.

The defendant corporation tried to change the use of the extended commercial building of this case to a medical facility in order to use it as a hospital, but following the change.

As long as the use of the plaintiff's commercial building under the Building Act, which was enforced as described in the paragraph, becomes an amusement facility, the above.

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