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(영문) 대구지방법원김천지원 2016.07.06 2016가단30056
건축물 철거 멸실등 동의
Text

1. Of the instant lawsuit, the motion for consent to the removal report of the building listed in the separate sheet and the ordinary building register.

Reasons

1. Basic facts

A. On April 20, 1994, J, K, and Dong L, which were co-owners of 1005 square meters in Gu, Si, Gu, I (hereinafter “the instant site”), commenced construction permission on the building on the instant site, and obtained approval for use on July 16, 1994, and was registered as co-owners on the building ledger of the instant building since that time.

B. The deceased L was killed on February 23, 2005, and the heir was the Defendant F, G, Defendant (Appointed Party; hereinafter “Defendant M”), the spouse of Defendant E, Defendant (Appointed Party; hereinafter “Defendant M”), N,O, and the network.

On June 16, 2011, the deceased P died, and there was Defendant C and D as his heir.

C. Around August 2011, the instant building was demolished, and the old U.S. Mayor imposed an administrative fine of KRW 240,000 under Article 113(2)4 of the Building Act on the ground that “the building was not reported before the removal of the instant building” to J and K (hereinafter collectively “J, etc.”) on September 19, 201.

J, etc. submitted a removal report on the instant building in accordance with Article 36 of the Building Act and Article 24 of the Enforcement Rule of the Building Act to the Mayor of the Gu-U.S. on October 25, 2013.

E. On October 25, 2013, the old U.S. Mayor notified the J, etc. of the supplement of the content that “after completing the adjustment of ownership against a person who was removed from the register (L) by November 8, 2013, submission of relevant documents or shipment of written consent,” and that “the J, etc. did not comply therewith.” On November 11, 2013, the former U.S. Mayor then supplemented the seal or signature of the person (L) omitted by November 25, 2013 to the J, etc., and, in the case of removal, notified the relevant person of the supplement of the promotion plan that “the removal written consent or the related documents after the adjustment of ownership are shipped.”

F. On November 26, 2013, the J et al. notified the J et al. of the rejection of the building demolition report in accordance with Article 15(1) of the Enforcement Decree of the Civil Petitions Treatment Act.

(g) J. J.

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