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(영문) 서울행정법원 2015.12.30 2015구합74098

건축물대장말소신청 반려처분취소

Text

1. On September 7, 2015, the Defendant filed an application for cancellation of the building register with respect to a building listed in attached Form 1(1) with the Plaintiff.

Reasons

1. Details of the disposition;

A. On August 10, 2015, the Plaintiff: (a) removed the buildings listed in attached Table 1(1) (hereinafter “instant building”) on the land in Seongdong-gu Seoul Metropolitan Government B large 6m2; and (b) newly built a reinforced concrete slab 2-story building; and (c) filed an application for cancellation of the building register with respect to the instant building on the ground that the building was built.

B. On August 11, 2015 and August 24, 2015, the Defendant requested the Plaintiff to supplement documents proving that the building owner (C) applied for the cancellation of the building ledger. On September 7, 2015, the Defendant issued a return disposition against the Plaintiff on the ground that such supplement was not made (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 3, 6, and 8 (including each number in the case of additional number), the purport of the whole pleadings

2. According to the Plaintiff’s assertion-related data, it is confirmed that the instant building was destroyed, and the Defendant also recognized. The Plaintiff, who acquired ownership of Seongdong-gu Seoul Metropolitan Government Land B (hereinafter “instant land”) and new building through voluntary auction, is a person who had already been destroyed and has obstructed the exercise of property rights on the instant land and new building due to the existence of the building ledger on the instant building.

According to Article 22(1) and (3) of the Rules on the entry, management, etc. of a building ledger, where it is clear that a building has been removed, the head of the competent Gu, etc. shall be deemed to have the duty to cancel the contents of the removed building from the building ledger upon the report, application, or ex officio. Thus, the disposition of this case

3. Attached Form 2 of the relevant Acts and subordinate statutes shall be as follows;

4. Determination

A. On November 7, 1975, 1 C of the same month, purchased the instant land and the instant building on its ground and around November 7, 1975.