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(영문) 서울고등법원 2007. 2. 2. 선고 2006누15891 판결
[위반건축물원상복구시정명령처분][미간행]
Plaintiff, Appellant

Plaintiff

Defendant, appellant and appellant

The Mayor of the Seocho-si in Gwangju City;

Conclusion of Pleadings

January 12, 2007

The first instance judgment

Suwon District Court Decision 2005Guhap8369 Decided May 24, 2006

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

Purport of claim and appeal

1. Purport of claim

The defendant's corrective order to restore the original state to the plaintiff on July 12, 2005 shall be revoked.

2. Purport of appeal

The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

Reasons

1. Quotation of judgment of the first instance;

The reasoning for the court's explanation on this case is as follows: "The non-party on August 11, 2006 delivered the warehouse of this case to the plaintiff on August 11, 2006, and ordered to remove a steel-frame structure, which is a building violating the land of this case. On December 20, 2006, the court changed the pipeline structure from the Sungwon District Prosecutors' Office to the category of a steel-frame structure without permission and without reporting the construction of the structure, and was subject to a disposition of "no suspicion of suspicion" as to the case where it violated the Building Act by illegally cutting the steel-frame equipment without permission, and without reporting the construction of the structure. The third 14th th 14th / [based on recognition] line] as stated in Gap evidence 21-1, 2, and 3, as it is stated in the first instance court's judgment except for the addition of each description under Article 8 of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Conclusion

If so, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

Judges Cho Jong-ok (Presiding Judge)

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