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(영문) 수원지방법원 2016.05.17 2015구합71151
건축신고(신축) 거부처분 취소
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 land divided in sequence from 6,840 square meters of forest C in Gwangju-si and 660 square meters of forest and 472 square meters of forest adjoining the said land (hereinafter “each of the instant land”) is the land divided in order from 6,549 square meters of forest land divided and registered in E forest land (hereinafter “E land before division”) and 19,840 square meters of forest and fields (hereinafter “F land before division”).

(hereinafter referred to as "land after successive division" shall be specified only with the parcel number if it is referred to as "land after successive division").

On December 27, 2010, the Plaintiff purchased shares of E land before subdivision.

Accordingly, the land before subdivision was owned by 25 persons, including the Plaintiff. Of the above co-owners, G, H, I, J, K, K, L, and M (hereinafter “G, etc.”) decided to newly construct a detached house on the ground by specifying each location in part of the land before subdivision, and filed a building report to the Defendant on June 16, 201.

The first building report is called ‘the first building report'

At that time, G et al. opened a road entering the N-land into the 33 square meters of land and submitted a written consent for land use from P, the owner of the road.

On July 15, 2011, the Defendant accepted each building report of G, K, and I on July 19, 201, and H, J, L, and M on July 26, 201.

C. Around October 2011, the F land before subdivision was divided into E land before subdivision, and on January 13, 2012, from F land before subdivision, each of the instant land and Qua land, R land, S land, T land, U land, and V land was divided.

Accordingly, land located as a new site of H’s own house became C among each land of this case.

On April 2, 2012, co-owners of land E before subdivision agreed to separately own each of the instant lands. On April 3, 2012, the Plaintiff entered into an agreement on the partition of each of the instant lands, and on April 3, 2012, the ownership transfer registration was completed in the Plaintiff’s future on the grounds of the division of co-owned properties.

The plaintiff does not report the change of persons related to construction under Article 11 of the Enforcement Rule of the Building Act with respect to the first building report made by H.

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