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1. The Defendants are registered in the building ledger of the building in the attached list kept in the Ansan-si Office of the Plaintiff.
Reasons
1. The Plaintiff is the owner of 823 square meters in Ansan-si, Ansan-si, the Plaintiff is the owner of the land in question, and the Defendants are co-owners of the buildings listed in the attached Table (hereinafter “instant building”).
According to the building ledger, the lot number of the site of the building of this case is indicated as the Dong-gu, Ansan-si.
However, the land of this case does not have the same farming and fishing household house as the building of this case, and the building and structure of this case are similar, but buildings with a larger area are members L of Ansan-si adjacent to the land of this case.
【Ground for recognition】An absence of dispute, and an entry of Gap 1 through 6
2. Determination as to the cause of action
A. According to Articles 38 and 39 of the Building Act and Article 20 of the Building Rule, which is the Ordinance of the Ministry of Land, Infrastructure and Transport pursuant to delegation by Article 25 of the Enforcement Decree of the Building Act, where there are errors in matters concerning the lot number of the building ledger, the competent authority in charge of the building ledger may correct the erroneous parts only at the request of the building owner except
Therefore, even if a landowner of a parcel number erroneously stated on the ground that land which is not a building site is mistakenly stated in the building lot number, applies for the correction of a parcel number to the competent authority in the building ledger, the competent authority shall not correct the parcel number unless there is an application for correction by the building owner.
In addition, in light of Article 6 of the Building Register Rules, where there exists an existing building ledger on the same site, and there exists any land mistakenly stated in the building lot number even if no building site exists in the building ledger, if the building owner refuses an application for the correction of the building lot number, the landowner of the erroneously stated lot number cannot actually construct the building on the land, and the registration of ownership preservation can not be completed accordingly.