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(영문) 대법원 2010. 09. 09. 선고 2010두9037 판결
다세대주택 건축허가를 받고 분양한 후 분양자들이 펜션으로 용도변경한 경우[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2009Nu17898 (Law No. 21, 2010)

Case Number of the previous trial

Early High Court Decision 2008J 0419 ( October 17, 2008)

Title

Where the seller has changed the purpose of use to a pension after obtaining permission for multi-household housing construction;

Summary

Even if the use of a building is multi-household as multi-household housing, and it was registered in the building ledger as multi-household housing, the actual purpose of use is the beginning, and it cannot be deemed as a residential building stipulated in the Housing Act, and it cannot be deemed as a national housing subject to additional tax exemption.

The decision

The contents of the decision shall be the same as attached.

Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is all dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent

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