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(영문) 대법원 2015.01.29 2013두24976
사용검사처분취소
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiffs, including the part resulting from the supplementary participation.

Reasons

The grounds of appeal are examined.

1. The disposition of the usage inspection of a building causes a legal effect that enables the permitted person to use and benefit from the building by verifying whether the building constructed upon obtaining a building permit meets the purpose of the architectural administration in accordance with the building permit and granting a certificate of usage inspection by issuing it.

Since such a disposition of usage inspection is limited to allowing a building to use and benefit from the building, even if such disposition of usage inspection was taken, the mere fact alone does not justify the fact that there was a defect in the building or a violation of relevant Acts and subordinate statutes, such as the Building Act, etc., and further, even if the disposition of usage inspection on the building was invalidated or revoked, it merely makes it impossible to use the building that is returned to the state before the usage inspection, and does not immediately remove or supplement

(See Supreme Court Decision 93Nu20481 Decided January 14, 1994, and Supreme Court Decision 2006Du18409 Decided April 26, 2007, etc.). In addition, occupants or prospective occupants are entitled to remedy for the removal, supplementation, etc. of defects by asserting and proving the legal relations and defects, etc. arising from the sales contract through civil litigation, etc. even though they received confirmation of invalidity of the disposition of pre-use inspection or did not cancel such disposition, so it cannot be said that the legal status differs depending on the confirmation or revocation of the disposition of pre-use inspection, and there is no provision regarding the pre-use inspection regarding the housing supply contract in the former Rules on Housing Supply (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 452 on March 30, 2012).

Rather, there is a disposition of pre-use inspection on housing, so it is possible for prospective occupants to move into the housing and use it accordingly, which is generally beneficial to prospective occupants.

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