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1. The part concerning the claim for confirmation in the lawsuit of this case shall be dismissed.
2. The defendant is a house listed in the attached list to the plaintiff.
Reasons
1. A lawsuit seeking partial confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to it, and, thereby, it is recognized that it is the most effective and appropriate means to determine the Plaintiff’s legal status as a confirmation judgment to eliminate the anxiety and risk when the Plaintiff’s legal status is unstable and dangerous. Thus, even though a lawsuit seeking performance may be brought, filing a lawsuit seeking confirmation is not a final solution of the dispute, and thus there is no benefit of confirmation
In light of the above legal principles, the plaintiff filed the lawsuit in this case for the purpose of changing the name of the building owner of an incomplete building from the defendant to the plaintiff, and as stated in Paragraph (2) of this case, the plaintiff is demanding the defendant to implement the procedure for changing the name of the building owner who changed the name of the building owner of an incomplete building to the plaintiff as the lawsuit in this case. Thus, the plaintiff can change the name of the building owner of an incomplete building to the plaintiff by submitting the written decision to the competent administrative agency upon receiving the order to implement the procedure for changing the name of the building owner.
(A) A final and conclusive judgment ordering the implementation of the procedures for change of the name of the owner constitutes “documents evidencing the fact of change of rights” as stipulated in Article 11(1) of the Enforcement Rule of the Building Act. Therefore, the Plaintiff’s seeking confirmation of ownership of an unregistered building, separate from the claim for change of the name, does not
As such, the part of the claim for confirmation in the lawsuit of this case is unlawful and dismissed.
2. Indication of claims: To be as specified in attached Form 1;
3. Applicable provisions of Acts: Article 208 (3) 1 of the Civil Procedure Act (Judgment without holding any pleadings due to the submission of a written reply);