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(영문) 서울행정법원 2020.02.14 2019구합4837
무허가건축물대장 등재 불가처분 취소
Text

1. The instant lawsuit shall be dismissed.

2. All applications for intervention by the Intervenor succeeding to the plaintiff are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

(a) When the same Dong address is indicated in Dongdaemun-gu Seoul Metropolitan Government E, it shall be indicated only with the Dong name and the lot number;

On the ground of large 22 square meters (hereinafter “instant land”) there exist two-storys housing of brick slock slive roof, an unauthorized building, (hereinafter “instant building”).

The F and G ground adjoining to the instant land exist a building connected to the instant building and roof walls. The said building is largely divided into three parts via columns or walls, and the first part among them constitutes the instant building.

On the other hand, the land No. 1 in the instant case is connected with H large 18 square meters (hereinafter “instant land”). This corresponds to the part as the end part of the instant building and it is possible to enter the instant building into the road through the land No. 2 in the instant case.

B. The Plaintiff purchased 1/2 of shares from I in the land of this case from I in 1984, and completed the registration of ownership transfer with respect to the pertinent shares on December 4, 1984.

On the other hand, on June 19, 1993, the Plaintiff was subject to a disposition of replotting regarding 9/18 of shares out of the land No. 2 of this case from Seoul Special Metropolitan City, and completed the registration of ownership transfer on July 30, 199.

The details of changes in ownership of land Nos. 1 and 2, including the above contents, are as follows.

The date of acquisition of land and its owner [Grounds for Registration] On December 22, 1978, J [Sale on December 8, 1976] I [Sale on November 3, 1980] on December 4, 1984 (Sale on November 3, 1980] the Plaintiff (1/2) [Sale on December 3, 1984] on July 23, 2019 [Sale on June 19, 206] B (1/4) [Sale on June 19, 201] on July 23, 2019 (Sale on June 19, 201] / [Sale on June 23, 2019] on July 23, 2019 [Sale on June 19, 2010] / [Inheritance Shares on April 22, 2016]

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