건축주 명의변경 절차이행
1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the Defendant are dismissed.
2. The portion resulting from the principal lawsuit out of the costs of appeal.
1. The reasoning of the judgment of this court for the acceptance of the judgment of the court of first instance is as stated in the column for the reason of the judgment of the court of first instance, except for the following (the revised part). Therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Attachmentd part] Whether the agreement was effective on January 19, 2015 (hereinafter “1”) of the first instance court’s nine (1) and nine (1) and nine (1) of the first instance court’s nine (9) decision, and whether the agreement was effective on January 19, 2015 (1) and whether the agreement was effective on January 19, 2015, and whether the agreement was effective on Defendant Jeong Construction) is not designated as a manager in the relevant association agreement, each partner may perform a legal act on behalf of all of the union members, and even if the legal act did not indicate that it was for commercial activities with the union, the legal act is effective on all the union members pursuant to Article 48 of the Commercial Act (see Supreme Court Decision 2008Da79340, Jan. 30, 2009).
However, comprehensively taking account of the aforementioned evidence and witness R’s witness testimony, the agreement concluded on January 19, 2015 constitutes a commercial activity for all the members of the instant building concluded by Defendant B for the purpose of completing the instant building with the construction and the same business, and thus, the validity of the agreement concluded on January 19, 2015 extends to the construction of Defendant Jung-ok.
(1) A person who constructed a building in his/her own effort and materials acquires the ownership of the building in original condition: Provided, That in the case of a contract for work, if it appears that the contractor agreed to vest the ownership of the completed building in the contractor even if the building was completed by taking his/her own effort and materials into the materials, the ownership of the building shall be reverted to the contractor in original condition. < Amended by Act No. 5406, May 30, 1997>