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(영문) 제주지방법원 2019.06.25 2018가단59856
기타(금전)
Text

1. The Defendant: (a) KRW 18,596,890 to Plaintiff A; and (b) KRW 18,031,150 to Plaintiff B; and (c) each of them from July 2, 2018 to August 2018.

Reasons

1. Basic facts

A. The Defendant’s hotel business implementation 1) The Defendant is a quasi-residential area with the total area of 2,293.07 square meters (the total area of 1,562.68 square meters among them) in Seopo-si, Seopo-si, Seopo-si, and the remaining 730.39 square meters in size.

(E) A hotel (total 306 rooms; hereinafter “instant hotel”) with a sale-type hotel (total 306 rooms; hereinafter “instant hotel”) with a building area of 1,50.84 square meters, total floor area of 13,674.94 square meters, height of a building of 25.0 meters (the 1st floor/land surface of the floors) size of 25.0 meters.

2) The business of newly constructing and selling a new project (hereinafter referred to as the “instant project”).

(2) On March 23, 2015, the Defendant obtained a building permit for the construction of the hotel in this case from the Seopo City, and started the new construction work (hereinafter “instant construction”) after completing the commencement report on February 12, 2016, and made a public announcement of the sale of the building on February 16, 2016.

B. 1) The Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (wholly amended by Act No. 13426, Jul. 24, 2015; hereinafter referred to as the “former Special Act on Jeju”).

Article 22(1) of the Jeju Special Self-Governing Province provides that the Jeju Special Self-Governing Province Governor shall establish a comprehensive plan for the development of free international cities, including matters concerning the use, development, and preservation of land. Accordingly, the public notice of the Jeju Special Self-Governing Province’s comprehensive plan (No. 2014-101) provides for the height of buildings by region and specific-use zone. In the case of an “Eup/Myeon Urban Planning Zone” located within the instant project zone, the maximum height of buildings is set at 25 meters for commercial areas and 20 meters for quasi-residential areas. 2) On May 4, 2016 for Seopopopopopo City, Seopopopo City, the Defendant shall apply 25 meters for the height of the part of the hotel in this case belonging to a commercial area and 25 meters for the height of the part belonging to a quasi-residential area. The initial permission for construction is asserted to have been unlawful by applying the height of the hotel in this

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