1. The instant lawsuit shall be dismissed.

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

Basic Facts

A wooden house (hereinafter referred to as the “instant house”) with one story above ground and 26.78 square meters above ground in Jung-gu, Seoul. The owner of the instant house in the building management ledger is C.

On October 27, 2014, the Plaintiff filed an application to change the name of the owner on the building management ledger of the instant housing to the Plaintiff on the ground of donation from the Defendant on November 7, 2005.

On February 4, 2015, the Defendant rejected the Plaintiff’s application on the ground that the Plaintiff filed an application for change of the building owner without attaching the registration certificate (including the presentation of the registration certificate) in order for the building owner to apply for change of the building owner under Article 19(2) of the “Rules on the Entry, Management, etc. of Building Ledger” to the Plaintiff.

(hereinafter “instant refusal act.” The Plaintiff appealed to the instant refusal and filed an administrative appeal with the Seoul Special Metropolitan City Administrative Appeals Commission on February 13, 2015, but was dismissed on May 11, 2015.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1, 3, 4, 7, and 8, and the purport of the entire argument as to the legitimacy of the lawsuit of this case, the plaintiff alleged that the lawsuit of this case is legitimate, but the defendant did not accurately grasp whether C exists or not, and the defendant erred in entering C as the owner in the building management ledger. Thus, the plaintiff is unable to submit the registration certificate of this case.

Furthermore, the Plaintiff acquired the prescription by occupying the instant house in a peaceful manner with its intent to own it for a long time, and thus, the Defendant should change the name of the owner in the building management ledger of the instant house from C to the Plaintiff.

Therefore, the plaintiff's application to change the building owner.