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(영문) 대구지방법원포항지원 2016.08.09 2016가단102045

건물소유권확인

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B around 1956, the building of this case was newly constructed over each of the lands of Ulleung-gun C and D.

B. However, as at the time the house tax ledger was created in relation to the above building, the location of the house (site location) was entered into “Sung-gun E”, but the lot number (site number) was not entered.

(B) The building ledger was later changed into the building ledger. (c)

B died on November 13, 1990, and on February 11, 2016, the Plaintiff, a lineal descendant, was succeeded to the instant building from B by a division of inherited property among other co-inheritors.

At present, among the land being used as the site of the instant building, the land F owns the land of 239 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun (acquisition of ownership on August 2, 2002), and the Plaintiff owns the land of 374 square meters in Seoul-gun, Ulsan-gun.

(Acquisition of Ownership on December 17, 2015)

The management affairs of the building management ledger concerning the building of this case shall belong to the administrative affairs of the defendant, who is the competent local government.

F. The Plaintiff filed an application against the Defendant to add a lot number to the building ledger of the instant building in order to proceed with the registration procedure for preservation of ownership as to the instant building (hereinafter “instant application for addition of a lot number”). However, the Defendant rejected the Plaintiff’s application on the ground that the Plaintiff filed an application without being equipped with the following, for change of the lot number of the building ledger pursuant to Article 20(1)3 of the following Rules (hereinafter “the relevant rules”).

(hereinafter “instant return disposition”). Rule on the entry, management, etc. of the building ledger [Partial Revision 7.07.07, Article 218 of the Ordinance of the Ministry of Land, Infrastructure and Transport, and Article 20 (Change of Number of Building Registers)] 1 The owner of a building intends to change matters concerning the lot number among the entries in the building ledger.