[건축물관리대장정정거부처분취소][공1998.4.1.(55),914]
Whether an act of refusing an application for correction of a registered matter in a building management ledger constitutes an administrative disposition subject to appeal litigation (negative)
An act of entering a certain matter in a building ledger or changing a registered matter is merely for the convenience of the execution of administrative affairs and the certification of facts, and it does not result in any change in the substantive legal relationship of the building due to the act of registering or changing the registered matter. Thus, the competent authority’s refusal of an application for change of registered matters shall not be deemed an administrative disposition that is the object of appeal litigation.
Article 29 of the Building Act, Article 8 (2) of the Regulations on the Entry, Management, etc. of Building Ledger (Ordinance No. 507 of June 1, 1992), Article 1 of the Administrative Litigation Act [general] and Article 2 of the Administrative Litigation Act
[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant-appellant-appellee)
Plaintiff 1 and 201 others (Attorney Jeon Tae-tae, Counsel for the plaintiff-appellant)
The head of Jung-gu Seoul Metropolitan Government
Seoul High Court Decision 95Gu35779 delivered on March 20, 1996
The judgment of the court below is reversed. All costs of the lawsuit are assessed against the plaintiff.
We examine the grounds of appeal ex officio prior to judgment.
The Plaintiffs filed a lawsuit of this case seeking revocation when they filed a correction with the Defendant on the ground that there was an error in the entry of the matters on ownership in the building register on the four apartment units and three underground offices of this case. The lower court rejected the Plaintiffs’ claim on the ground that the Defendant’s disposition rejecting the said corrective application was justifiable after having deliberated and judged on the merits.
However, the act of registering a certain matter in the building ledger or changing a certain matter is merely for the convenience of administrative affairs execution and certification of facts, and it does not result in any change in the substantive legal relationship of the building due to the registration or the act of registering a change. Thus, the competent authority's refusal of an application for change of registered matters cannot be deemed an administrative disposition that is the object of appeal litigation (see Supreme Court Decision 89Nu5348, Dec. 12, 1989). This legal principle is the same even if the right to demand correction of the entries in the building ledger is recognized under Article 8 (2) of the Rules on the entry and Management, etc. of Building Registers, and thus, the lawsuit of this case seeking cancellation of the act of refusing the application for correction of the building ledger is unlawful.
Nevertheless, the court below considered the rejection of the application for correction of this case as an administrative disposition and judged it on the merits, so the court below erred by misapprehending the legal principles on administrative disposition.
Therefore, without further proceeding to decide on the grounds of appeal, the judgment of the court below is reversed, and this Court directly decides to dismiss the lawsuit of this case, and the total costs of the lawsuit are assessed against the plaintiff. It is so decided as per Disposition.
Justices Lee Don-hee (Presiding Justice)