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1. The Defendant’s corrective order issued to the Plaintiff on October 1, 2019 shall be revoked.
2. The cost of the lawsuit is supported by the participation.
Reasons
1. Details of the disposition;
A. The Plaintiff and C own 1/2 shares of 16 square meters and 70.4 square meters in Mapo-gu Seoul Metropolitan Government (hereinafter “instant land”) and 1/2 of 16 square meters and 2 junbbs and 5 junbs and juns and juns and junating shops (hereinafter “instant building”).
B. On October 1, 2019, the Defendant issued a corrective order to complete voluntary removal by November 13, 2019 on the ground that the wooden building extended on the instant building (limited to the second floor of the instant building, which is a single story; hereinafter “instant extension order”) constitutes a building in violation of the Building Act (the part against the Plaintiff among the above corrective order was referred to as “instant disposition”).
(Evidence) Facts that there is no dispute, entry in Gap's 2, 6, and 7, and the purport of the whole pleading
2. Whether the instant disposition is lawful
A. The summary of the Plaintiff’s assertion 1) The part concerning the extension of the instant case to the Intervenor joining the Defendant (hereinafter “ Intervenor”).
(2) The Plaintiff is the owner of the instant building and is not the owner of the instant building, and the Plaintiff is not the other party to a corrective order under Article 79 of the Building Act. (2) The Intervenor extended the instant extension upon obtaining consent and monetary subsidies from E, the initial owner of the instant building, and entered into a lease contract for the instant extension with E as a lessor. Furthermore, the instant extension portion does not constitute separate ownership from the instant building, and the Plaintiff is the owner of the instant extension portion, and thus, the Plaintiff is the owner of the instant extension portion. (b) The Plaintiff is the owner of the instant extension portion, the owner of the instant building, who is obligated to maintain and manage the instant extension portion.