beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. E and F respectively owned 60/40 shares of 60/40 and 340/400 shares of 1972 as co-owners of 132 square meters in Busan-gu D, Busan-do (hereinafter “instant land”). F constructed a 2nd floor structure store and housing building on the instant land on around 1972, and E constructed a 2nd floor structure store and housing building on the instant land on around 1977.
B. On May 8, 1986, E’s share in the instant land and E’s ownership ownership transfer registration was completed in the Plaintiff’s future on May 8, 1986 due to the sale and purchase on May 7, 1986 (hereinafter “Plaintiff’s building”); F’s share in the instant land and F’s ownership building due to the inheritance by consultation and division on November 27, 1994, the Defendant’s ownership transfer registration was completed in the future on June 8, 1995.
C. The Plaintiff’s building was originally constructed without a construction permit or building report, but around June 29, 1985, the building management ledger was formed in accordance with the Act on Special Measures for the Adjustment of Specific Buildings, and the registration of preservation of ownership was completed on May 8, 1986. The head of Busan District District Office issued a disposition to ex officio cancel the management ledger of the building on the ground of “ex officio cancellation following the notice of cancellation of the establishment of a specific building (e.g., the submission of a written consent)” on June 3, 1986, and the Defendant completed the registration of destruction by subrogation of the Plaintiff on September 11, 2014 pursuant to Article 43(2) of the Registration of Real Estate Act.
On the other hand, on March 2, 2015 and March 31, 2015, the head of Busan District Government ordered the Plaintiff to voluntarily remove the Plaintiff’s building on the grounds that the Plaintiff violated the Building Act Article 14 (Construction Report).
The plaintiff filed a lawsuit against the head of Busan Metropolitan City Busan Metropolitan Government with regard to the cancellation of the building management ledger and the cancellation of the corrective order ordering the removal of the building, but the judgment dismissing the plaintiff's claim on September 24, 2015.