아파트분양신청거부처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of "2. Additional Judgment" as to the plaintiff's assertion added to this court, and thus, it shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
(a) An additional determination; 2. Additional determination
A. The Plaintiff’s assertion consists of seven partitioned buildings classified by floor and by use as shown in the attached Table (the part of the second floor is divided into the I room and J room; hereinafter “instant divided part”). Since the Plaintiff partitioned the part of the housing (i.e., 140.66 square meters on a floor 31.72 square meters and 108.94 square meters on a floor) among them, the Plaintiff is entitled to separately supply a house with an exclusive residential area of 84.970 square meters in addition to a multi-unit house with an exclusive residential area of 84.970 square meters and a house with an exclusive residential area of 60 square meters.
Therefore, the part of the instant management and disposal plan that determined the Plaintiff to be excluded from two housing suppliers is unlawful.
B. In order to establish sectional ownership for one building of relevant legal principles, one building exists in an objective physical and physical aspect, the divided building part must have independence in structural use, and the physically partitioned building part of one building should be the object of sectional ownership.
Here, the act of partitioning is a kind of legal act, without changing the physical form and quality of a building, which intends to divide a specific part of a building into an object of separate ownership under the legal concept, and is not a special restriction on the time and method, but is recognized when the intention of the disposal authority is objectively indicated.
Therefore, even before the change of the existing building registered as a general building which is not an aggregate building is registered as a sectioned building, the divided building part has independence in structural use and the building is a sectioned building.