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(영문) 인천지방법원 2018.04.05 2017구합53495
거부 처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On October 13, 1980, the Plaintiff completed the registration of the preservation of ownership as to the store and the office building (the first floor of 42 square meters, second floor of 42 square meters, second floor of 43 square meters, second floor of 43 square meters, second floor of 37 square meters, second floor of 37 square meters, second floor of 2 square meters, second floor of 37 square meters, second floor of 17 square meters, second floor of 5 square meters, second floor of 2 square meters in the underground room, second floor of 8 square meters in the roof tower (hereinafter “instant building”).

In the collective building ledger, the underground floor part of the instant building is indicated as “the mentor of the first floor and the second class neighborhood living facilities (sing practice room) of the second class neighborhood living facilities (sing practice room)”.

B. D, on January 14, 2015, completed the registration of ownership transfer on December 16, 2014, following the death of the former owner E with respect to the housing (one floor of 41 square meters, 41 square meters, 42 square meters, 42 square meters, 3th 42 square meters, 42 square meters, 3th 42 square meters, 3th 42 square meters, 17th 5 square meters, 2nd 6 square meters of a rooftop; hereinafter “D-owned housing”) located in the Nam-gu Incheon Metropolitan City B and C, and in the office of 3rd sabres, for inheritance by consultation division on December 16, 2014.

In the collective building ledger, the underground floor part of the D-owned building is indicated as “1st floor mentor and 56.35 square meters of neighborhood living facilities (a multi-house)”.

C. On June 9, 2017, the Plaintiff, on the building ledger, entered the Defendant in the building ledger the underground floor part of the instant building and the underground floor part of the D-owned building as 56.35 square meters, respectively, but in fact, the underground floor part of the instant building was constructed only on the instant building, and the fact that there was no underground floor part on the D-owned building was confirmed by the relevant civil litigation decision, etc. As such, the Plaintiff filed an application for a civil petition with the effect that the indication of the underground floor part on the building ledger of the instant building is corrected to “one story and one story, and 97.02 square meters for the second class neighborhood living facilities” (hereinafter “instant application”).

On June 19, 2017, the Defendant filed a civil petition with the Plaintiff, stating that the content of the instant application ought to be applied to the competent court in charge of relevant affairs as related to the change of ownership in the underground floor part.

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