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1. The plaintiffs' appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance except for the addition as follows. Thus, it is acceptable to accept this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. According to Article 35 of the Administrative Litigation Act, if a third party, other than the other party to an administrative disposition, has a legal interest in seeking confirmation of the validity of the disposition, a lawsuit seeking confirmation of invalidation may be instituted. In this case, legal interest refers to a specific interest directly protected by the relevant law based on the relevant disposition, and in a case where a third party has an indirect and de facto economic interest, there is no standing to seek confirmation of
(1) In cases where a person who acquired a building in the process of construction submits a report on change of the building owner’s name to the permitting authority in accordance with Article 16(1) of the Building Act, Article 12(1)3 of the Enforcement Decree of the Building Act, Article 11(1)1, and Article 11(3) of the Enforcement Rule of the Building Act, along with “written consent to change of the name of the former building owner” or “documents evidencing change of rights” to the permitting authority in the report on change of building related to construction, the permitting authority should only confirm the details of the report on change of building related to construction with the authority to conduct a formal examination and accept it.
In light of the nature of the above disposition of acceptance of a report on change of a person related to construction, even if he/she is a person entitled to seek the transfer of ownership to a building located in the building under construction, or a person entitled to seek the change of the owner’s name following the said report, he/she is directly protected by the Building Act, which is a relevant law.