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(영문) 창원지방법원 2016.12.20 2016구합849
건축물관리대장의 건축물말소처분취소
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. The building of this case was completed in 1979 and was registered in the old building management ledger around that time.

B. The Defendant, on the ground that the instant building was an unauthorized building, entered ex officio in the building management ledger (hereinafter “instant disposition”), and on September 14, 1999, entered only the instant building and the instant building and the instant building and the instant building and the instant building and the instant building and the instant building and the instant building and the instant building and the instant building and the instant land and the instant land and the instant land and the instant land and the instant land and the instant land and the 26.45 square meters in storage.

C. On February 6, 2016, B, who was the owner of the instant building, died on February 6, 2016, and among the inheritors B, the Plaintiff consulted on the division of inherited property to inherit the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The lawsuit of this case on the main defense of this case is unlawful with the lapse of the period for filing the lawsuit.

B. According to Article 20(1) and (2) of the Administrative Litigation Act, a revocation suit shall not be filed after the lapse of 90 days from the date of becoming aware of the disposition, etc., and one year from the date of the disposition, etc.

However, the Plaintiff asserted that the instant building was cancelled in the former building ledger in the process of disposing of B’s inherited property around August 2016, and there is no evidence to prove that the Plaintiff or B was aware of the instant disposition 90 days before September 22, 2016, when the instant lawsuit was filed.

However, it is apparent that the instant lawsuit was filed more than one year after the date of the instant disposition.

However, in such a case, a lawsuit may be brought if there is a justifiable reason (the proviso of Article 20 (2) of the Administrative Litigation Act), and the existence of a justifiable reason here shall be determined individually and specifically depending on the case.

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