1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for the judgment of this court concerning the facts and defense prior to the merits is as stated in Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, since the reasoning for the judgment of the court of first instance is the same as that of paragraphs (1) and (2) of the same Article.

2. Judgment on the plaintiff's assertion

A. Article 2 Subparag. 1(b) of the former Ordinance on the Maintenance of Urban and Residential Environments (amended by Ordinance No. 5102, May 26, 201; hereinafter “Urban Improvement Ordinance”) that the instant unauthorized building, located in the project implementation district of the Defendant’s assertion, was constructed together with the said house at the time of the construction of the instant house, constitutes “existing unauthorized Building” under Article 2 Subparag. 1(b) of the former Ordinance on the Maintenance of Urban and Residential Environments (amended by Ordinance No. 5102, May 26, 2011; hereinafter “Urban Improvement Ordinance”) or Article 2 Subparag. 1(d) of the same Act (Unauthorized Building, which was located in the second aerial photography taken in April 8, 1982, which was 85 square meters or less in the first aerial photography or was constructed before April 8, 1982).

In addition, the instant house is separated from the structure that can carry on an independent residential life for each household, and it has been actually used for an independent residential purpose for each household.

Therefore, the Plaintiff, the owner of the instant unauthorized building, has the status as the Defendant’s sole partner pursuant to Article 9(2) of the Defendant’s Articles of Incorporation.

B. The details of the relevant statutes are as shown in attached Form 2.

C. 1) The proviso of Article 9(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that “If a building is an unauthorized building, the owner of the unauthorized building shall be recognized as its members, only if it proves that the building is one’s own, as prescribed by the Ordinance on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents established by the Act.” Article 2 Subparag. 1 of the Act (a) provides for the definition of “existing Unauthorized Building” in the Act