1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. A. Around May 19, 2004, the Defendant filed a building report for the construction of a detached house on the ground of the 400 square meters away from the north-gu, Northern-gu (hereinafter “instant land”) owned by the Defendant.

(B) the building report of this case at port E, hereinafter referred to as the “instant building report”).

The Plaintiffs purchased the instant land from the Defendant on January 12, 2015, and completed the registration of ownership transfer on January 22, 2015 as to each of the shares of the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Eul evidence 2, the purport of the whole pleadings

2. Although the plaintiffs' assertion attempted to newly build a building on the ground of the instant land, the building report in order to build a new building is not required due to the instant building report.

Since the plaintiffs' land ownership has been infringed upon due to the building report of this case, the defendant must implement the procedure to cancel the building report of this case.

3. We examine ex officio whether the instant lawsuit is legitimate.

According to Article 11(7) of the Building Act, the revocation of a building permit shall be conducted ex officio by an administrative agency if a person who has obtained the building permit fails to commence construction works within a specified period or if there are grounds such as deemed impossible to complete construction works, and a building permit deemed granted through a building report pursuant to Article 9(1) of the former Building Act (wholly amended by Act No. 8219, Jan. 3, 2007) may also be revoked ex officio by an administrative agency pursuant to Article 11(7) of the Building Act.

In other words, the administrative agency is required to decide whether to cancel the building report ex officio, and it does not require the administrative agency to cancel the building report only when it is necessary to cooperate, such as the owner's statement of intent, or when the owner's application is filed.

The head of Si/Gun/Gu has not determined whether to cancel the building report of this case.