(영문) 수원지방법원 2018.11.21 2018구단1729

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(영문) 수원지방법원 2018.11.21 2018구단1729

건축이행강제금부과처분무효확인등

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On December 12, 2001, B obtained a permit to construct a single house (multi-household) with a total floor area of 371.54 square meters on the land in Suwon-si District C on the land, and entered into a contract to sell the said house to the Plaintiff on August 23, 2002 (hereinafter “instant sales contract”).

1) A building: The delivery date of real estate: (a) the special agreement on September 4, 2002 (hereinafter “the instant special agreement”) between the seller and the seller on September 10, 2000 (hereinafter “the instant special agreement”) of KRW 100 million (the contract amount: KRW 4 million; KRW 100 million: KRW 26,000; KRW 196,000,000 for the second intermediate payment ( September 10, 2002); and (b) the remainder of KRW 365,00,000 for the remainder of KRW 365,00: (a) the remainder of the loan amount of KRW 150,50,000,000 for the agricultural cooperative loan of KRW 150,000: the buyer will take over the remainder as a security deposit.

C) On August 23, 2002, the current construction condition (18 households occupancy condition) is the sales contract, and the progress of construction is completed according to the contract with the seller and the present contractor.) The seller transfers the ownership of the land to the buyer at the time of the payment of part payments and changes in the name of the owner.

E) The instant housing was built on 18 households, and the seller is responsible for the completion of construction, and the buyer would not file a civil or criminal objection against the seller after completion of construction.

(B) On October 31, 2002, the Plaintiff’s report of change in the name of the owner of the building in the Plaintiff’s future was accepted on September 13, 2002. On October 31, 2002, on the instant housing (site area: 260.4m2, building area: 127.4m2, 382m2, 382.41m2, 127.4m2, 382m2, 2m382.4m2, 381m2, 41m2 and 2m2m2, and hereinafter referred to as “instant housing”).

(D) The Defendant obtained approval for use and completed registration of ownership preservation. D. In 2002, the Defendant did not extend the rooftop of the instant house to 127.47 square meters without permission (hereinafter “instant extension”).

The tenant was found to have been used by the tenant and then on February 24, 2003.

유사 판례

-창원지방법원통영지원 2015.06.25 2014가합3029

-대전지방법원 2018.04.18 2017가합104433

-대전지방법원서산지원 2016.08.18 2015가합808

-대전지방법원 홍성지원 2018.08.07 2017가단6689

-부산지방법원 2015.10.14 2014가합15524