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(영문) 대구지방법원안동지원 2017.11.16 2016가합179

건축주명의변경

Text

1. The defendant shall transfer the name of the owner of the building permit listed in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. C and the Plaintiff’s construction promotion process 1) 2,832 square meters prior to D before D at permanent residence, shall be 464 square meters prior to D on October 21, 2010 (hereinafter “D land”).

(E) 57 square meters prior to E (hereinafter “instant land”).

(F) 1,224 square meters prior to F (hereinafter “F land”).

(2) On November 2, 2010, the Plaintiff, as the wife of G 251 square meters and H 336 square meters, was divided, respectively. (2) On November 2, 2010, the Plaintiff completed the registration of ownership transfer based on sale and purchase of the instant land. On November 15, 2010, C obtained a construction permit on the attached list (hereinafter “instant building permit”) from the Plaintiff, to newly construct IB-dong, a multi-family house of eight households, from the instant land under the name of the Plaintiff.

3) After that, C selected the Yongsan Comprehensive Construction Co., Ltd. under the Plaintiff’s name as a contractor, and commenced the construction of the instant building. The Plaintiff is the Himyeong Credit Union on November 26, 2010 (hereinafter “Emphical Credit Union”).

(4) On July 12, 2011, J completed the registration of creation of a neighboring mortgage on the instant land as “the maximum bond amount of KRW 520,000,000,000,000,000,000,000,0000,000,0000,0000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).

Around that time, C began the construction of the new building with the permission to construct IB-dong (hereinafter referred to as the “Adjoining building”) which is a multi-household of 8 households from six parcels, such as J, K-owned D land, F land, etc. adjacent to the instant land in L name.

5 On February 16, 2012, the Plaintiff completed the registration of the establishment of a mortgage near the land of this case as “the maximum bond amount of KRW 65 million and the Plaintiff of the debtor”.

B. The Plaintiff, the Defendant, and the K.