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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. B and C owned 60/40 shares out of the instant land, and C owned 340/40 shares of 340/40 shares, respectively, as co-owners of Busan Jin-gu D, Busan (hereinafter “instant land”).
B. C around 1972, on the ground of the instant land, constructed a 2nd floor structure store and housing building (hereinafter “first building”), and around April 197, B also constructed a 2nd floor structure store and housing building (hereinafter “second building”) on the instant land.
C. Article 2 of the former Building Act (amended by Act No. 3073 of Dec. 31, 197) was originally constructed without obtaining a lawful building permit or completing a building report under Article 5 of the former Building Act (amended by Act No. 3073 of Dec. 31, 197), but B, on June 29, 1985, was issued a certificate of completion inspection on the second building from the Defendant pursuant to Article 6 of the former Act on Special Measures for the Disposal of Specific Buildings (amended by Act No. 3533 of Dec. 31, 1981 and amended by Act No. 3719 of Dec. 31, 1983; hereinafter “former Special Act”). Accordingly, B became able to lawfully use the second building as the second building was dried.
Meanwhile, according to the fact that B received the instant certificate of completion inspection from the Defendant, the “building management ledger” (No. 2; hereinafter “instant building management ledger”) concerning the building No. 2 was created, and the instant building management ledger entered that B was inspected upon completion of the building No. 29 on June 29, 1985.
E. After that, around August 1985, B submitted to the Defendant a letter (Evidence B No. 5, hereinafter “instant letter”) containing the following contents.
For each parcel number: 19.8 square meters out of 132 square meters, the co-ownership shares in the content of the registry shall be approved by the owner of the building in order to cultivate the building within the scope of the area registered on the above parcel number.