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(영문) 대전고등법원 2020.10.29 2020누10874

건축물대장변경처분 무효확인

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning for this part of the reasoning by the court is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the

2. The grounds for this part of the allegations by the parties are as follows, except for the dismissal or addition of some contents as follows, and the corresponding part of the reasoning of the judgment of the court of first instance, which is the same as that of the corresponding part below “(from the last 3rd to 5th 14th eth eth eth eth eth eth eth eth eth eth eth eth eth eth). Therefore,

After Part 5, "No. 8" is added to "no. 8 of this case shall be deemed null and void because the defect is serious or unclear even if there is such defect as the plaintiff claims."

Part 5 of the 5th page " shall be unfair........" shall be applied to "................."

3. Attached statements to the relevant Acts and subordinate statutes;

4. Whether the instant disposition is lawful

A. According to Article 17(1) of the Building Register Rules, where the owner intends to divide at least two sections of exclusive ownership of a collective building into at least two sections of exclusive ownership, or merge with at least two sections of exclusive ownership, he/she shall submit an application for the alteration of an aggregate building register (merger after division). Upon the above application, the disposition agency shall confirm the details and close the relevant sections of exclusive ownership in the building register pursuant to Article 17(2) of the Building Register and prepare a new aggregate building register according to the modified contents, and pursuant to Article 17(3) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Joint Buildings Act”).

It is necessary to review whether the relevant statutes are appropriate.

On the other hand, Article 18(1) of the Building Register Rules is a building owner's entry in the building register.