집합건축물대장전유부변경(합병)신청거부처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff is the mortgagee of the right to collateral security (hereinafter referred to as the "each of the stores in this case") of Gwangjin-gu Seoul Special Metropolitan City, which is owned by B, with the joint collateral security established for each of the separate stores in subparagraphs 101 through 110 of the underground floor.
On April 1, 2016, the Plaintiff filed an application with the Defendant for the alteration (merger) of the full-time supply of the aggregate building registry by integrating the current 101 through 103 units, 104, 105, and 109 units, and integrating them into the offices, and using them as the convenience store. As such, the Plaintiff’s request for the alteration (merger) of the full-time supply of the aggregate building registry to ensure that the public book of each of the instant stores and the actual use status of each of the instant stores are identical.
On April 4, 2016, the defendant sent a reply that the owner of the building could not accept the plaintiff's application on the ground that the building owner's application for the merger of the whole parts of the aggregate building ledger.
(2) The Plaintiff cannot exercise the right to collateral security on behalf of the owner or owner, as it is inconsistent with the purport of the Plaintiff’s assertion of the overall purport of each of the instant stores and the entries in the public record, the Plaintiff is entitled to file an application for the merger of sections for exclusive use with respect to each of the instant stores on behalf of the owner or owner.
Therefore, the defendant's response to this case is illegal.
Article 17(2) of the Rules on the entry, management, etc. of the building ledger (hereinafter “Building Register Rules”) on the summary of the Defendant’s assertion on the main defense for safety is stipulated as the owner who can apply for the merger of sections for exclusive use by an aggregate building. As such, there is no right to apply to the Plaintiff, not the owner.
Judgment
According to Article 38 of the Building Act and Article 25 of the Enforcement Decree of the Building Act and Article 17 of the Building Register Rules, the competent authority of the building ledger shall be the owner of the building.