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(영문) 수원지방법원 2014.05.22 2013구합6856
개발제한구역내 건축물관리대장작성거부처분취소
Text

1. The plaintiff's lawsuit shall be dismissed.

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

Reasons

1. Case history

A. C around August 5, 1974, as his wife D, children E, F, G, etc. (hereinafter “instant unauthorized building”) moved into an unauthorized building located B at Ansan-si (hereinafter “instant unauthorized building”), and died on May 11, 1980 thereafter.

B. Around June 20, 2005, D entered into a sales contract with the Plaintiff to the effect that “D transfers superficies, possessory rights, etc. related to the instant unauthorized building and site to the Plaintiff.”

C. Around May 2, 2013, the Plaintiff’s agent: (a) sent to the Defendant a content-certified mail to the effect that there was no building management ledger within the development-restricted zone of the instant building (hereinafter “instant building management ledger”); (b) the Defendant sent the said building management ledger to the Defendant; (c) on May 13, 2013, the said law firm H sent the following documents to the effect that “if the Plaintiff did not file an application for revision of the ownership transfer from the first owner of the instant building without permission to the Plaintiff, it is impossible to recover the building management ledger without filing an application for revision with the Plaintiff, accompanied by evidentiary documents on the transfer of ownership from the first owner of the instant building without permission to the Plaintiff.”

(hereinafter referred to as "the reply of this case"). 【No dispute exists, entry of Gap evidence 1 through 7, 12, 13, Eul evidence 1, 7, and 8 (including branch numbers, if any) and the purport of the whole pleadings.

2. Judgment on the Defendant’s main defense

A. The defendant's motion of this case is merely an inquiry or a civil petition asking the reason or circumstances that the building without permission of this case was not registered on the building management ledger of this case, and the response of this case also expressed the opinion of the administrative agency. Thus, the response of this case does not constitute a disposition that is subject to administrative litigation.

B. The judgment-free building management ledger is the convenience for administrative affairs related to the maintenance of unauthorized buildings based on local government ordinances, etc.

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