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(영문) 서울행정법원 2015.01.13 2014구합3662
건축물관리대장변경정정신청거부취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. In the building ledger for a building located in Jung-gu Seoul, Jung-gu, and one parcel (hereinafter referred to as “instant building”), the current building status is recorded as the basement level and the ground level.

B. On November 11, 2013, the Plaintiff filed a civil petition with the same purport even on November 19, 2013, where the instant building owned by the Plaintiff was a 6th floor and underground room on the copy of the register, but only the 1st floor on the building ledger was an underground floor and the 1st floor on the ground in the building ledger.

- On the ground other than B and one parcel (C), there is a certified copy of the same building register as the existing building register in addition to the register of the 6th floor building on the ground of delivery, with a thickness.

Therefore, there is no difference between the building ledger and the copy of the register, and there is a copy of the register for the building with the first floor and the sixth floor above the ground, and there is no building register for the building with the sixth floor above the ground.

- A 1st floor building on which a building ledger and a certified copy of the register exist shall be determined as a building constructed with legitimate permission obtained, and a 6th floor building on which a certified copy of the register exists but the building ledger does not exist is determined as an unauthorized building without obtaining permission.

- When seeking to prepare a building ledger for a 6th floor building on the ground, it is necessary to obtain a legitimate building permit (rest) procedure under the current law and to prepare a building ledger.

C. On November 20, 2013, the Defendant responded to the Plaintiff’s rejection of the above application on the following grounds.

(hereinafter referred to as “instant refusal disposition”). 【The ground for recognition】 The fact that there is no dispute, Gap evidence Nos. 1, 4, and Eul evidence Nos. 1 through 3, the purport of the whole pleadings and the purport of the whole pleadings.

2. The defendant's main defense

A. The defendant's application for correction of the alleged building ledger.

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