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(영문) 서울중앙지방법원 2020.09.28 2020가단10761
무허가건물소유권확인등 정정 청구의 소
Text

All of the instant lawsuits are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. With respect to B’s house B on the ground of Jung-gu Seoul, Jung-gu, Seoul (hereinafter “the instant unauthorized building”). The owner’s “F (resident registration number G”) sold the said building to “A (resident registration number H and address Mapo-gu, Seoul)” on April 15, 2002. On July 12, 2002, the Plaintiff received an application for change of the name of the existing unauthorized building from the head of Jung-gu, Seoul, Jung-gu, Seoul, for change of the name of the building without permission. The J head handled the change of the name of the owner. Unlike the entry in the application for change of the name and the sales contract, the owner’s resident registration number A was changed to F’s resident registration number, and the address was erroneously registered as the location of the instant building without permission.

B. On July 23, 2019, the Plaintiff issued an unauthorized Building Confirmation Board with respect to the instant unauthorized Building, and filed a civil petition with the Defendant stating that the owner’s resident registration number was mistakenly recorded, and that the error was corrected. On September 6, 2019, the head of the Gu corrected “G” recorded as the resident registration number of the present owner A on the ledger of an Unauthorized Building with respect to the said Building, to “H” recorded as the resident registration number of the present owner at the time of receipt of the initial application for change of name on July 12, 2002.

C. However, the Plaintiff resided in Mapo-gu Seoul, from May 2001 to August 2005, and its resident registration number is “E”.

2. The gist of the Plaintiff’s assertion: (a) around 2002, the Plaintiff purchased the instant unauthorized building from F and acquired its ownership; and (b) the Plaintiff’s resident registration number and the Plaintiff’s domicile at the time of the purchase of the said building were mistakenly registered on the Plaintiff’s resident registration number and the Plaintiff’s domicile; (c) the Defendant rejected the Plaintiff’s application for change; (d) accordingly, the Plaintiff sought confirmation

3. Whether the instant lawsuit is lawful

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