2. The costs of the lawsuit are assessed against the defendant.

The 1,212 square meters (hereinafter “instant land”) on the miscellaneous land in Chungcheongnam-gun, Chungcheongnam-do is owned by the Defendant’s wife D.

On the ground of the instant land, buildings indicated in the attached Form (hereinafter referred to as “instant building”) are located in the state of not being registered.

The defendant is stated as the owner in the building ledger concerning the building of this case.

[Ground of recognition] A. 3 and 6 evidence, and 38 equipment business operators including the Plaintiff’s assertion of the purport of the entire pleadings entered into an entry contract with the Defendant around 2007, around 550,000 won per month. The land of this case was leased at KRW 300,000 per month, and the building of this case was constructed on that ground upon obtaining a construction permit under the name of the Defendant.

The equipment business operators, other than the Plaintiff, retired from the branch by the end of the end of 2018, and the lease right to the land of this case succeeded to all the rights to the building of this case.

The 38 equipment business operators, including the plaintiff, have acquired the building of this case in original condition, and seek confirmation of ownership against the defendant registered in the building ledger.

Judgment

Where a building ledger has been created but another person is registered as the owner, the column for indicating the owner of the building ledger is a disturbance, or it is impossible to identify the owner due to some omission in the indication of the owner, etc., the person claiming the ownership of the building may apply for registration of preservation of ownership by proving ownership by judgment pursuant to Article 65 subparagraph 2 of the Registration of Real Estate Act.

(see Supreme Court Decision 2009Da93428, Nov. 10, 201). Keeping and managing a building management ledger is the inherent office of a Si/Gun/Gu, which is the relevant local government, and the other party to a lawsuit seeking ownership verification of unregistered buildings is the said local government.

(See Supreme Court Decision 9Da2188 delivered on May 28, 199). Even if a transferee of an unregistered building has not completed the registration of ownership transfer, it is against the building unless the registration of ownership transfer has been completed.