건축물표시변경신청거부처분취소
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. The non-party C owns a building of the first and fourth floor above the ground (hereinafter “instant building”) in Seoul Special Metropolitan City, Nowon-gu (hereinafter “D”) and owns the building of the first and fourth floor above the ground. The building ledger of the instant building includes the site location and lot number, and the “E” is written in the building ledger of the Seoul Special Metropolitan City, Nowon-gu, and the relevant lot number.
B. On July 31, 2013, the Plaintiffs filed an application with the Defendant for the correction of the indication of the building ledger, which, pursuant to Article 21(3) of the Rules on the entry, management, etc. of the building ledger, deleted the part of “non-party one parcel” from the lot number on the building ledger of the instant building and the part of “E” from the relevant lot number.
C. On August 9, 2013, the Defendant rejected the Plaintiffs’ application on the ground that “an application for revision of a building indication pursuant to Article 21(3) of the Regulations on the entry, Management, etc. of Building Registers must be filed by the owner of the building in question.”
(hereinafter referred to as the "disposition of this case"). [The grounds for recognition] Gap's 1 to 6, Gap's 8, Eul's 3-1 and 2-2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On the building register of the instant building asserted by the Plaintiffs, E is written in the lot number and related lot number on the building ledger of the instant building. This is not because E was used as the site for the instant building, but because C alone was unable to secure a parking lot under the Parking Lot Act, as if it was installed in the instant land to avoid the restrictions on the parking area, E was actually used as the site for the instant building, due to the fact that E was used as the parking lot for the instant building.
In addition, the plaintiff A puts his name and seal on the consent form at the time of obtaining the building permit for the building of this case, but the land E.