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(영문) 대구지방법원 2019.01.31 2018구합23598
건축관계자(건축주)변경신고 반려처분취소
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. C’s acquisition and extension of ownership 1) Co., Ltd. C (hereinafter “C”).

) The land and buildings listed in the separate sheet (hereinafter referred to as “existing real estate of this case”) shall be listed in the separate sheet.

(2) On February 12, 2014, C purchased the ownership on November 29, 2013, and acquired the ownership thereof. (2) On February 12, 2014, C obtained a construction permit from the Defendant to extend 277 square meters in a single-story factory 950 square meters among the existing real estate, and to extend 100 square meters in an office.

3) On April 15, 2014, C filed a report on the commencement of construction and performed the extension construction work. On April 3, 2015, C is the part of the extension of the office first from the Defendant and 87.26 square meters (hereinafter “instant office extension part”).

(4) On May 18, 2016, C obtained the permission to change the construction (extension) from the Defendant to 277 square meters and 266.9 square meters (limited to the instant permission for construction (extension).).

5) Thereafter, C is deemed to be the part of factory extension 266.9m2 (hereinafter “instant factory extension part”).

(6) On the other hand, the existing real estate of this case was established as of May 13, 2014.

B. (1) The Plaintiff acquired the Plaintiff’s ownership of the instant real estate, which was established on the instant existing real estate, commenced the auction procedure for the replacement of real estate as Seo-gu District Court Branch D with Seo-gu District Court, based on the foregoing collateral security. (2) The Plaintiff participated in the bid of the said auction procedure, and paid the sale price on August 25, 2017, upon receiving the decision to permit the sale from the said auction court to the highest bidder on the date of sale.

3. In the above auction procedure, the existing real estate in this case is indicated in the auction procedure or in the sale of the decision on permit for sale, and the extension of the office in this case and the extension of the factory in this case are not specified.

Provided, That this shall not apply to the appraisal report.

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