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1. The Defendants are recorded in the building ledger of the building in the attached Table kept in Gangseo-si City.
Reasons
Attached Form
Although the building indicated in the list (hereinafter “instant building”) was constructed on the ground of Gangnam-si J (Road Address: Gangnam-si H), its lot number is registered in the building ledger as Gangseo-si G (hereinafter “instant land”). The building of this case was owned by the network KK (Death January 7, 2018), and the Defendants inherited the building of this case. The Defendants’ inheritance is deemed to have led to the confession of the Defendants pursuant to Article 150 of the Civil Procedure Act, and the overall purport of the pleadings in the video as stipulated in the evidence Nos. 1 through 5 (Partial number omitted) and the video as stipulated in the evidence No. 6. However, it is difficult to view that the Plaintiff has the right to seek the removal of the instant building of this case, the cancellation of the building register of this case, or the implementation of the registration procedure for destruction of the building of this case as to the building of this case. Thus, the Plaintiff’s primary claim and this part of the preliminary claim are without merit.
However, a landowner of a parcel number erroneously stated in the building ledger as the building site may file a claim against the building owner for the application procedure to correct the lot number of the building ledger in order to eliminate the interference with the ownership of the land (see Supreme Court Decision 2014Da206075, Nov. 27, 2014). As such, the Plaintiff’s conjunctive claim that seeks the cancellation of the lot number of the instant land recorded in the building ledger as the building of this case is reasonable.
Therefore, the plaintiff's primary claim is dismissed as it is without merit, and the conjunctive claim is justified within the above scope of recognition. It is decided as per Disposition by applying the main text of Article 101 of the Civil Procedure Act to the burden of litigation costs.