건물용도 표시변경 등기신청의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
ex officio, this paper examines the legitimacy of the instant lawsuit.
As a lawsuit of this case, the Plaintiff requested the Defendant to file an application for registration with the competent registry office by changing the description of each share in the aggregate building register as stated in the above purport of the claim as the size of each store and area stated in the above purport of the claim.
However, the Administrative Litigation Act limits the types of lawsuits that can be filed against an administrative agency (see Articles 3 subparag. 1 and 4 of the Administrative Litigation Act). A form of lawsuit seeking performance of an obligation is not prohibited because it does not provide for the types of lawsuits that can be filed against an administrative agency under the current Administrative Litigation Act. The lawsuit filed by the Plaintiff is unlawful since it constitutes a lawsuit seeking performance of the duty to act by changing the indication on the aggregate building ledger to the Defendant and filing an application for registration of changed matters with the competent registry office, and thus, is not permitted
(See Supreme Court Decision 97Nu3200 Decided September 30, 1997 (see Supreme Court Decision 97Nu3200, Oct. 21, 201). (On the other hand, the Plaintiff, around October 21, 201, filed a lawsuit against the Defendant seeking the revocation of the above rejection disposition with the Seoul Administrative Court Decision 201Nu3803, which was sentenced to the dismissal judgment on July 5, 2012, and the said judgment became final and conclusive) by rejecting the Plaintiff’s lawsuit in this case.