beta
(영문) 서울고등법원 2018.11.09 2018누42773

거부 처분 취소

Text

1. Revocation of the first instance judgment.

2. On June 19, 2017, the Defendant rejected the Plaintiff’s application for rectification of the indication of a building.

Reasons

1. Details of the disposition;

A. On October 13, 1980, the registration of preservation of ownership and the register of aggregate buildings owned by the Plaintiff was enforced on July 1, 2018 by the Nam-gu Incheon Metropolitan City Act on the Change of Name (amended by Act No. 15499, Mar. 20, 2018) and the name was changed from the Nam-gu Incheon Metropolitan City to the "Smigu", but the name was changed from the "Seoul-gu" to the "Smigu"; hereinafter referred to as the "Seoul-gu" according to the existing name. B, the land C is the land-based land-based garment and the office building and the office building and the office building with the 3th floor and the 42th floor 42th floor 5th floor 1 and the 2th 2th 2th 6th 6th , 37th 37 square meters , and the 17th 5th mar 17th mar 5 square meters hereinafter referred to as the "532."

(2) As to the aggregate building register, registration of ownership preservation was completed. (2) The underground floor part of the instant building No. 1 is indicated as “the first floor mentor and the second class neighborhood living facilities (sing practice room) 56.35 square meters.”

B. D’s ownership transfer registration and aggregate building register 1) D’s ownership registration on January 14, 2015. D’s store and office 41 and 6th 6th 4th 2th 42th 42th 42th 42th 42th 42th 3th 42th 42th 4th 42th 42th 4th, underground room, 17th 5th 1st 2th 8th 2th 2th 8th 8th 200, 18th 7th 1st 28th 42th 4th 3th 42th 4th 3th 42th 4th 42th 4th 3rd 4th 42th 4th 4th 42th 4th underground room, 17th 5th 5th 2nd 2

() The instant building No. 2 is registered in a certified copy of the register as “the 137.65 square meters on the 3rd floor of Incheon-gu, Nam-gu, CFhos, and brick luxal roof, and the 140.17 square meters on the 2nd floor of the 140.17 square meters on the 3rd floor, 36.36 square meters on the underground room, 56.87 square meters on the 6.87 square meters on the 137.64 square meters on the 1st floor in the 137.64 square meters on the 2nd floor in the 6.87 square meters on the 2nd floor,” but it is in fact one building on the 1st unit. However, the registration of ownership transfer was completed on the 2nd unit of the instant building due to inheritance by consultation division on December 16, 2014.”