건축주명의변경및관광사업양수(지위승계)신고수리처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons why the court should explain in this judgment are as follows: (a) part of the reasons for the judgment of the first instance among the reasons for the judgment is as stated in Paragraph (2) below; and (b) other than adding the judgment of the plaintiff as stated in Paragraph (3) below, the reasons for the judgment of the first instance are as stated in the reasons for the judgment of the first instance; and (c) thus, it shall be cited in accordance with Article 8(2) of the
2. Parts to be dried;
A. Article 11(1) and (3) of the former Enforcement Rule of the Building Act (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 552, Dec. 12, 2012) provides that “Where a person who obtained a building permit pursuant to Article 11(1) and (3) of the Enforcement Rule of the Building Act (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 552, Dec. 12, 2012) transfers a building under construction,” the third 9-10 of the judgment of the court of first instance.
(b) The third and fourth third parts of the judgment of the court of first instance shall be raised in accordance with the following subparagraphs.
【To see Supreme Court Decision 2010Du2296 Decided May 13, 2010, supra, it is reasonable to deem that the decision on permission for sale on the auction procedure for land and a building constructed on the land and the related land and the subsequent document on the full payment of the sale price constituted “documents evidencing the change in the rights” as stipulated in Article 11(1) of the former Enforcement Rule of the Building Act (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 552, Dec. 12, 2012) regarding the report on change in the person related to construction (see Supreme Court Decision 2010Du2296, May 13, 2010). In full view of the language and text, form, and the procedure under the Civil Execution Act, the person who acquired all facilities of a tourism business in the auction procedure under Article 8(2)1 of the Tourism Promotion Act, even if the title holder column attached at the time of the instant report, was indicated “EF” only.