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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion is the owner of 225 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnamyang-gun (hereinafter “instant land”).
Although there is no building on the ground of the instant land, registration of ownership preservation (hereinafter “registration of ownership preservation”) was completed under the name of the Defendant with respect to the Cheongju District Court Decision No. 7644, August 14, 2007, which received on the ground of the instant land, as the Cheongju District Court Decision No. 7644, which received on August 14, 2007.
Therefore, the registration of preservation of ownership of this case is null and void as it is against a building without legitimate cause.
2. The Plaintiff’s claim for registration of cancellation of ownership preservation on the ground that no building exists on the ground of the instant land, which is to determine whether the instant lawsuit is lawful, is interpreted as a claim for registration of destruction on the instant building as stipulated in Articles 44 and 43 of the Registration of Real Estate Act, contrary to the expression stated in the purport of claim.
On the premise of this, we examine ex officio the legitimacy of the instant lawsuit.
Where registration of a sprinked building or a non-existent building exists, the registered titleholder of such building shall, without delay, apply for the registration of destruction or loss of such building.
Where a registered titleholder of a building fails to apply for registration, the owner of such building site may solely apply for registration in subrogation of the registered titleholder of the building.
Where an application for registration of destruction of a building on which a right other than ownership is registered is filed, a registrar shall notify the registered titleholder of such right that if he/she fails to raise an objection within a specified period not exceeding one month, the registration of destruction shall be made.
Provided, That this shall not apply where the purport of destruction of a building is recorded in the building ledger or the registered titleholder of a right other than ownership agrees to the registration of destruction.
. Registration of Real Estate Act;