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(영문) 부산지방법원 2016.10.11 2016가단33772
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On June 11, 2013, the Plaintiff leased from the Defendant a 165mm2 (hereinafter “instant land”) out of the 302m2 square meters in Young-do, Busan (hereinafter “instant land”) to operate a non-motor vehicle management business.

(hereinafter “instant lease”). B.

The Plaintiff, with the permission of the Defendant, was engaged in artificial insemination and structural change in an amount equivalent to KRW 72,350,000 in the existing building on the ground of the instant land.

C. However, on March 28, 2016 and May 9, 2016, the Yeongdeungpo-gu Office issued a corrective order to the effect that “the building whose structure had been modified by the Plaintiff is an unlawful building that violates the Building Act, and thus, is voluntarily removed.”

The building on the ground of the original case was an illegal building. The defendant did not change the land category of the land of this case into the site in order to receive rent from the plaintiff, and caused damages to the plaintiff to incur 72,350,000 won at the expense of interior and structural change. The plaintiff, as part of the claim, requested the defendant to pay 30,000,000 won and damages for delay.

2. We examined the judgment, and the evidence alone presented by the Plaintiff that the Defendant promoted the Plaintiff’s illegal structural change work.

or the defendant has the duty to deliver the plaintiff's structural change to the defendant

It is insufficient to recognize that the Plaintiff had a duty to change the land category of the instant land into a site, and there is no other evidence to acknowledge this otherwise. Therefore, the Plaintiff’s claim of this case on a different premise is without merit without further examination.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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