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(영문) 대전지방법원 2021.01.20 2019구합107530
건축물대장말소회복신청에 대한 거부처분 취소
Text

1. The Defendant’s rejection disposition against the Plaintiff on September 27, 2019 is revoked.

2...

Reasons

Details of the disposition

A. The deceased B (the deceased, Oct. 1, 2004; hereinafter referred to as “the deceased”) owned the land A in Busan City (hereinafter “C”) and D land (hereinafter “D land”), and the Plaintiff and E are co-inheritorss of the deceased, as they were siblings.

B. Around 1968, a building with respect to “56.19 square meters of a wooden roof roof structure” (hereinafter “the instant building”) was created by the owner of the building, stating “the Deceased” and the location of the building as “D land” (hereinafter “instant building register”).

(c)

On October 200, the Deceased submitted to the Defendant a written application for revision of the building indication (No. 6-1) to request the Defendant to correct the location of the instant building from “D land” to “C”, and accepted it on October 19, 2000, the Defendant corrected the location of the building registry of this case from “D land” to “C land.”

(d)

On October 20, 200, the Deceased completed the registration for the preservation of ownership of the building of this case by using its location as “C land”, and completed the registration for the transfer of ownership on November 9, 200 to the Plaintiff, the Republic of Korea, on November 11, 200.

E. On February 24, 2000, the Deceased completed on February 23, 200 the registration of the transfer of ownership on the “C land”, which is the location of the instant building, due to the donation of the deceased on February 23, 200.

F. In that case, E around August 2006, “A building on D land exists on D land, but was demolished and destroyed by around 1968, and the present C-Land Building was at least 120 years and has not yet been passed.

When submitting a written confirmation to the effect that the deceased arbitrarily corrected the location of the building register C with land, it is illegal as it was done without the consent of the land owner, who is the land owner, and the deceased made a petition to delete the building register of this case, which was corrected twice as described in the above paragraph (b).

G. The defendant is entitled to the above E-mail.

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