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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On November 15, 2013, the Plaintiff: (a) on April 25, 2014, the land of this case was divided into 11 square meters and 10 square meters among the land of this case was divided into J on November 15, 2013; and (b) on April 25, 2014, 10 square meters among the land of this case B was divided into 10 square meters.
(hereinafter referred to as “instant case ①, 2.” In general term, each of the instant lands is purchased and completed the registration of ownership transfer on December 17, 2013.
B. On December 23, 2013, the Plaintiff filed a building report (hereinafter “instant building report”) with the Defendant on December 23, 2013, to newly construct the 1st floor of the light steel-frame structure, each of the building area and total floor area of 96 square meters on the ground of the instant land (hereinafter “instant building report”).
On December 26, 2013, the Defendant accepted the instant building report on December 31, 2013 after consultation on complex civil petitions en bloc.
C. After that, the Plaintiff moved the location of the instant building ① to at least one meter, and filed a report on the construction reported (hereinafter “the instant report”) with the content that the building area and total floor area of the instant land ② increases to 70 square meters, etc. The Defendant accepted the report on March 3, 2014, and subsequently approved the use of each of the instant buildings on March 21, 2014.
On April 1, 2014, Article 2 subparagraph 6 of the Motor Vehicle Management Act provides that "motor vehicle management business" means motor vehicle transaction business, motor vehicle maintenance business, and motor vehicle scrapping and recycling business as follows.
The name and location of the name of this type of business is the location of the registration application (hereinafter referred to as “name and location of this type of business”): The area of each place of business of this case by Plaintiff D: 936 square meters (e.g., exhibition facilities: 70 square meters; 166 square meters)
E. On April 25, 2014, the Defendant based on Article 53(4) of the former Automobile Management Act (amended by Act No. 13486, Aug. 11, 2015; hereinafter “Motor Vehicle Management Act”) as follows.