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(영문) 대전고등법원 2019.04.18 2018누11867
국가지정문화재 등의 소유자변경신고 수리거부처분 취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for this part of the disposition are as follows: (a) the last action of the first instance court on the 3rd page of the judgment of the court of first instance (hereinafter “instant lawsuit”); and (b) the first instance court on the 4th page “C 13 support to the Changwon District Court” are as stated in the corresponding part of the judgment of the first instance; and (c) thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Summary of the parties' arguments

A. The reasoning for this part of the judgment of the court of first instance is as stated in the corresponding part of the judgment of the court of first instance, i.e., "a summary of the plaintiff's assertion". Thus, this part is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the

B. Defendant 1) The instant compulsory adjustment decision is merely a content that allows the Plaintiff to report the change of the owner in the instant non-owner between the Plaintiff and D or C, not a recognition of the Plaintiff’s ownership, but also does not have res judicata effect on the Defendant, a third party. Therefore, the instant compulsory adjustment decision does not necessarily necessarily require the Defendant to recognize the Plaintiff’s ownership and accept the report of change, but rather, it is legitimate to refuse the repair in the circumstances where there is a dispute over ownership and lawsuit, and the protection of cultural properties is necessary. (ii) The instant compulsory adjustment decision stipulates that the disposal and management of the property of the inspection under Article 8(c) of the Code requires consultation and resolution of the Steering Committee. However, the C

In addition, the arbitrary disposal of the fire of this case, which is the existence of the C company, is an act that makes it impossible to accomplish the purpose of the inspection and endanger the existence.

As such, since the sales contract of this case, which was concluded at will by the Chief D Co., Ltd., is null and void, the Plaintiff cannot acquire the ownership of this case.

Therefore, the plaintiff's ownership cannot be recognized.

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