1. The plaintiff's claim is dismissed.

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

Details of the disposition

The network B was the owner of the second floor of the brick C ground brick slive roof (hereinafter “instant house”) in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and died on August 11, 1995.

Family members of the network B include the Plaintiff, E, F, G, H, and I, who are spouse D and children.

The network D died on August 21, 2006.

The Plaintiff filed an application with the Defendant for registration of a rental business operator pursuant to Article 5(3) of the Special Act on Private Rental Housing (hereinafter “Private Rental Housing Act”), but on March 19, 2018, the Defendant rendered a disposition to return the said application (hereinafter “instant disposition”) to the Plaintiff on the ground that “the application for registration of a rental business operator of a house for which no registration of inheritance was filed after the owner’s death does not meet the registration standards prescribed in Article 4(1) of the Enforcement Decree of the Private Rental Housing

[Ground of recognition] The plaintiff, E, F, G, H, and I received one-six shares of each of the instant houses, as the plaintiff, E, F, H, and I did not dispute, Gap evidence Nos. 1 through 3 (including each number number), Gap's assertion B, and D died in order.

The Defendant issued the instant disposition on the ground that the inheritance registration was not made on the instant house, but the Plaintiff is a co-inheritors and owner of the instant house, who can register as a rental business operator.

Therefore, the disposition of this case must be revoked illegally.

The attached details of the relevant statutes shall be as specified in the statutes.

Article 2 subparag. 1 of the Regulations on the legitimacy of the instant disposition provides that “private rental housing” means housing provided for the purpose of lease and registered by a rental business operator pursuant to Article 5, and Article 5(1) of the same Act provides that “a person who intends to lease a house may file an application for registration of a rental business operator with the head of the Gu,

Article 4 (1) 1 of the Enforcement Decree of the same Act shall be registered as private rental housing.