(영문) 의정부지방법원 2015.07.21 2014구합7607

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(영문) 의정부지방법원 2015.07.21 2014구합7607

건축물대장말소 회복신청 거부처분 취소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 197, around 1997, the building ledger (hereinafter “the building ledger of this case”) was prepared as to the 230.4 square meters of each of the instant buildings (hereinafter “each of the instant buildings”). The building ledger of this case was written as D, the owner of each of the instant buildings, and the date of completion of each of the instant buildings was written as 1988, on each of the instant buildings.

B. On September 2, 1998, D filed an application with the Defendant for cancellation of the building ledger of this case on the ground that each of the buildings of this case was removed, and the Defendant deemed that each of the buildings of this case was removed.

4. Pursuant to Article 9(2) and (3) of the former Rules on the entry, management, etc. of the building ledger (amended by Ministerial Ordinance No. 411 of Nov. 29, 2004; hereinafter “former Rules”), the building ledger of this case was cancelled and closed.

C. In the case of a real estate auction case E by the Jung Government District Court, the Plaintiff: (a) won a successful bid on October 27, 2004; and (b) paid the successful bid price; and (c) on the list of the buildings which the Plaintiff won a successful bid, the respective buildings of this case are also stated.

Unlike the D’s application for cancellation of the building ledger, the Plaintiff applied for restoration to the original state of the instant building ledger to the Defendant on February 27, 2014 on the ground that the Plaintiff acquired ownership of each of the instant buildings, but the Defendant rejected the Plaintiff’s application (hereinafter “instant disposition”) on March 11, 2014 on the ground that it is impossible to verify the existence of each of the instant buildings on March 11, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 (including branch numbers, if any) and the purport of the whole pleadings

2. The plaintiff's assertion

A. According to the rules on the entry, management, etc. of the former building ledger, the building is constructed.

참조조문

-건축물대장의 기재 및 관리 등에 관한 규칙

-건축물대장의 기재 및 관리 등에 관한 규칙 제9조 제2항

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