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(영문) 서울남부지방법원 2015.02.05 2013가단219009
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of a multi-family house of 97.83 square meters in Yangcheon-gu Seoul Metropolitan Government, a multi-family house of 108.39 square meters in multi-family houses with 108.39 square meters in multi-family houses with 3 floors, a multi-family house of 103.71 square meters in multi-family houses and a water tank of 14.4 square meters in a rooftop tower (hereinafter

B. On April 7, 1994, the Plaintiff obtained a building permit from the head of Yangcheon-gu Seoul Metropolitan Government and completed the construction of the instant building on July 1, 1994, and obtained approval for use on July 1, 1994. The instant building was approved for use as the building area of 116.25 square meters, total floor area of 418.32 square meters, total floor area of 59.71 square meters, total floor area of 59.71 square meters, rental rate of 164.7%, and the floor area of each floor of each floor was 97.83 square meters, 108.39 square meters, 108.39 square meters, 103.71 square meters, and 14.40 square meters, respectively.

C. Around October 2008, Defendant B, a public official belonging to Yangcheon-gu Seoul Metropolitan Government (hereinafter “Defendant Yangcheon-gu”), received a civil petition to report illegal matters of the building of this case and conducted a field investigation on the building of this case.

Around November 4, 2008, the head of Yangcheon-gu Seoul Metropolitan Government issued a corrective order to the Plaintiff on the ground that, based on the result of the Defendant B’s on-site investigation, the Plaintiff illegally expanded each balcony of 0.54 square meters of underground 1 floor, 3.96 square meters of 3.96 square meters of 2 stories, 3.96 square meters of 3 stories, 3.96 square meters of 3 stories of 3 stories, and 14.40 square meters of 14.40 square meters of the water tank room without permission for residential use.

E. On September 9, 2009, the head of Yangcheon-gu Seoul Metropolitan Government imposed KRW 3,553,650 for non-performance penalty on the ground that the Plaintiff failed to comply with the corrective order, and imposed a disposition on September 9, 2009.

The plaintiff filed a lawsuit to revoke the disposition of revocation on September 9, 2009 with the Seoul Administrative Court 2010Gudan5045, alleging that the disposition of revocation was unlawful, but the above court rendered a judgment dismissing the lawsuit on July 6, 2010 on the ground that the period for filing the lawsuit has expired, and the above judgment became final and conclusive upon the dismissal of both the plaintiff's appeal and appeal.

(f) On December 24, 2010, the head of Yangcheon-gu Seoul Metropolitan Government Office changed the use of the rooftop water tank room on December 24, 2010. However, the total floor area of the balcony extended without permission is 12.42 square meters.

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