The register of a lawsuit seeking cancellation of registration in the house ledger (negative)

A claim seeking the implementation of administrative dispositions against an administrative agency cannot be the subject of administrative litigation unless there is a special provision, and the act of entering certain matters in the house ledger or the building management ledger is for the convenience of the execution of administrative affairs and the verification of facts, and it does not cause any change in the substantive relationship of rights with respect to the house concerned due to the act of registration. Therefore, the act of registration in the house ledger cannot be the administrative disposition, and thus, the lawsuit seeking the cancellation of registration in the house ledger kept in the old office is unlawful.

Article 1 of the Administrative Litigation Act

[Plaintiff-Appellant] Plaintiff 1 and 10 others (Law Firm Gong111, Counsel for plaintiff-appellant)

Kim Ho-ho

The head of Jongno-gu Seoul Metropolitan Government

Seoul High Court Decision 90Gu4862 delivered on May 31, 1990

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

As to the Grounds of Appeal:

A claim seeking the implementation of administrative dispositions against an administrative agency cannot be the subject of an administrative litigation, unless otherwise provided for in special circumstances, and the act of entering certain matters in a house ledger or a building management ledger is merely for the convenience of the execution of administrative affairs and the verification of facts, and it does not cause any change in the substantive legal relationship with respect to the house concerned due to the act of recording, and thus, the act of recording in the house ledger cannot be deemed an administrative disposition. Thus, a lawsuit seeking the cancellation of a registration in the house ledger kept in the old office is unlawful (see Supreme Court Decision 82Nu411, Oct. 26, 1982).

In the same purport, the court below's dismissal of the plaintiff's lawsuit of this case seeking cancellation of the registration on the house ledger is correct and the court below did not determine whether the lawsuit of this case is unlawful, and whether the house of this case is a legitimate building and the ownership of the site is, so the court below's determination on this point is erroneous, and it is only erroneous in the original judgment.

Therefore, this appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Yong-ju (Presiding Justice)