Whether an administrative agency’s refusal of a request for change in the use of a building ledger constitutes an administrative disposition (affirmative)

Article 14(4) of the former Building Act (amended by Act No. 7696 of Nov. 8, 2005) provides that the owner of a building has the right to file an application for change of the use of a building ledger. Meanwhile, the use of a building corresponding to the land category, which affects legal relations in public law, such as regulation in the public law on the use of a building, corrective order in the Building Act, local tax, etc., and the owner of a building has a certain impact on the use, profit, and disposition of a building based on its usage. Considering the above, the use of a building ledger is a premise for the proper exercise of ownership of a building, and is closely connected with the substantive legal relations of the owner of a building. Therefore, refusal of an application for change of the use by the competent authority in the building ledger affects the legal relations of

Article 14(4) of the former Building Act (amended by Act No. 7696 of Nov. 8, 2005) (see current Article 19(3)), Article 2(1)1 of the Administrative Litigation Act

Plaintiff (Law Firm Gaol, Attorneys Kim Gi-young, Counsel for plaintiff-appellant)

Head of the Seo-gu Busan Metropolitan Government (Attorney Park Jong-ok, Counsel for the plaintiff-appellant)

Busan High Court Decision 2006Nu4578 Decided March 16, 2007

The appeal is dismissed. The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

Article 14(4) of the former Building Act (amended by Act No. 7696 of Nov. 8, 2005) provides that the owner of a building has the right to file an application for change of use of a building ledger. On the other hand, the use of a building is corresponding to the land category and affects legal relations in public law, such as regulation in the public law on the use of a building, corrective order under the Building Act, local tax, etc., and the owner of a building has a certain impact on the use, profit, and disposition of a building based on usage. In light of the fact that the use of a building ledger is a premise for the proper exercise of ownership of a building, which is closely related to the substantial legal relationship of the owner of a building, and thus, the refusal of an application for change of use by the competent authority of a

In the same purport, the judgment of the court below that the rejection of the application for change of use of the building ledger of this case is an administrative disposition subject to appeal litigation is just, and there is no error of law by misunderstanding legal principles as to administrative disposition subject to appeal litigation

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Nung-hwan (Presiding Justice)