각하결정취소청구의 소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Circumstances and details of the decision;
A. On September 25, 2017, the Plaintiff filed a petition (B) with the Defendant for the following purposes:
(hereinafter “instant petition” (hereinafter “instant petition”). In an unjust manner, C (D) with the real estate owned by the Plaintiff (hereinafter “the instant real estate”), registered (G name) in violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) was completed by compulsory execution through voluntary auction on the real estate owned by the Plaintiff (hereinafter “instant real estate”).
The respondent H(Asan Viewing Public Officials) investigated whether G, etc. violated the Real Estate Real Name Act, and asked the Plaintiff’s request.
B. On December 29, 2017, the Defendant rendered a decision to dismiss the instant petition as follows (hereinafter “instant decision”).
The plaintiff's petition case is a case that cannot be dealt with by the defendant pursuant to Article 32 (1) 5 of the National Human Rights Commission of Korea Act (Completion of Legal Remedy Procedure).
Therefore, the plaintiff's petition is dismissed.
C. The Plaintiff dissatisfied with the instant decision and filed an administrative appeal with the Defendant Administrative Appeals Commission on March 22, 2018, but the Defendant Administrative Appeals Commission dismissed the Plaintiff’s appeal on July 6, 2018.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 4, 10, 14, 19, and the purport of the whole pleadings
2. Whether the decision of this case is legitimate
A. The Plaintiff’s assertion 1) As a title trust agreement prohibited under the Real Estate Real Name Act regarding the Plaintiff’s real estate owned by the Plaintiff was established, the registration completed based on the said title trust agreement shall be deleted. 2) The Defendant’s rejection of the Plaintiff’s request for fact-finding during the process of examining the instant petition is unlawful
3) 이 사건 결정은 법령의 규정에 반하여 실체적인 내용을 심리하지 않은 채 내려진 것으로서 타당하지 않다. 나. 관련 법령의 내용 ▣ 국가인권위원회법 제32조(진정의 각하 등 ① 위원회는 접수한...