(심리불속행) 건물신축도급계약에 있어서 건물의 소유권을 도급인에게 귀속시키기로 합의한 경우에는 소유권은 도급인에게 귀속된다.[국패]
Seoul High Court 2013Na2015188 (Law No. 25, 2014)
(In the contract for new construction of a building, if the ownership of the building is agreed to vest in the contractor, the ownership belongs to the contractor.
(Main) In the contract for new construction of a building, if the contractor has agreed to vest the ownership of the completed building in the contractor even if the contractor completes the building in his/her effort and materials, the ownership of the building belongs to the contractor.
Article 4 of the Act on Special Cases concerning the Procedure of Appeal
2014Da229269, cancellation, etc. of registration of initial ownership
0 Construction Co., Ltd.
Republic of Korea 22 others
Seoul High Court Decision 2013Na2015188 Decided December 12, 2015
December 2, 2015
All appeals are dismissed.
The costs of appeal shall be borne by independent parties intervenors.
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, all of the appeals are dismissed pursuant to Article 5 of the Act. It is so decided as per Disposition by