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(영문) 서울중앙지방법원 2016.06.17 2015가합532127
건축물대장지번변경
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Circumstances leading to the dispute of this case;

A. The Plaintiff’s land in Jung-gu Seoul Special Metropolitan City (hereinafter “C”) and its ground zone C (hereinafter “C”) acquired the ownership of C land on July 3, 1942, and D resided on the land without registration of ownership preservation. D purchased land and land C and housing from E, F, G, and H on December 2, 2002, and completed the registration of ownership transfer on January 7, 2003, and completed the registration of ownership transfer under the Plaintiff’s name after completing the registration of ownership transfer under the Plaintiff’s name of E, F, G, and H on November 6, 1983.

3) Around 2003, the Plaintiff removed a railway house on C’s land and newly built a restaurant building. At the time of the Plaintiff’s construction of the said restaurant building, the construction of the said restaurant building was prohibited because the price of the land C was designated as the redevelopment area, and the Plaintiff constructed the said restaurant building without obtaining any construction permit, and did not complete the registration of preservation of ownership. Accordingly, the Plaintiff was subject to the pre-announcement of imposition of enforcement fines by the head of the Gu of Jung-gu Seoul Metropolitan Government. B. The Plaintiff was subject to the pre-announcement of imposition of enforcement fines by the head of the Gu

hereinafter referred to as “instant building”

1) On May 9, 1924, J acquired ownership of the I land in Jung-gu Seoul Special Metropolitan City (hereinafter “I land”).

I Land and C were adjacent to each other, and J constructed the instant building upon obtaining a building permit by designating I Land and C as the site for the instant building.

J obtained approval for the use of the building in this case on December 7, 1967, and completed registration for the preservation of ownership on December 21, 1967.

2) The building ledger of the instant building (hereinafter “instant building ledger”)

The site location and lot number shall be "I and one parcel outside of Jung-gu Seoul Metropolitan Government."

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