건축물표시정정신청반려처분취소
1. The disposition that the Defendant rendered against the Plaintiff on December 5, 2011 rejecting the application for rectification of a building indication shall be revoked.
2...
1. Details of the disposition;
A. On October 11, 1973, the building of 2,622.35 square meters on the ground of reinforced concrete structure and 4th floor on the ground of reinforced concrete structure, 2,622.35 square meters on the ground, 2,830.74 square meters on the ground, 2,908.26 square meters on the ground, 2,908.26 square meters on the ground, and 1,804 square meters on the two underground floors was newly constructed on July 21, 1971, and around 3th, 2,830.74 square meters on the ground, and 4th, 298.18 square meters on the ground.
(hereinafter “instant commercial building”). B.
On February 16, 1972, the Plaintiff completed the registration of preservation of ownership with respect to No. 119, 23.5 square meters on the instant commercial building, 25.39 square meters on the second floor, 26.12 square meters on the underground floor, and 14.15 square meters on the underground floor.
C. On November 201, the Plaintiff filed an application for the correction of a building indication with the purport of adding “25.39 square meters, a part of the third floor (hereinafter “instant store”) to “23.5 square meters, 25.39 square meters, 26.12 square meters, 26.15 square meters, and 14.15 square meters,” indicated as the part of the Plaintiff’s exclusive ownership, on the aggregate building register of the instant commercial building (hereinafter “instant building register”).
(hereinafter “instant application”). On December 5, 201, the Defendant returned the instant application to the Plaintiff on the ground that “the instant store cannot be deemed as the Plaintiff’s ownership.”
(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1, Gap evidence Nos. 2 and 7-1 and 2, respectively, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion, as the right holder of the instant building since the construction of the instant commercial building, allocated No. 119 whose location and size were specified on each floor of the instant commercial building, and first, as to No. 119 of each floor of the instant building newly constructed underground floors, the first floor, the first floor and the second floor, and the second floor, the registration of initial ownership was completed.
However, with respect to the store of this case, among the three floors extended by the plaintiff, the part of exclusive ownership in the building ledger of this case is omitted.