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(영문) 서울북부지방법원 2018.02.06 2017나35227

소유권보존등기말소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows. Thus, the court's explanation concerning this case is consistent with the reasoning of the first instance court's judgment, except where the article 3 (3) of the first instance court's decision (as to 7, 5, and 8, 12) is used as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article

【Supplementary Use】

A. Generally, a person who constructed a building with his own effort and materials acquires the ownership of the building. However, even if the contractor completed the building with his own effort and materials, if the contractor and the contractor agree to vest in the contractor the ownership of the completed building, such as obtaining a construction permit under the name of the contractor and obtaining a registration of preservation of ownership, the ownership of the building shall be vested in the contractor (see Supreme Court Decision 89Meu1884, Apr. 24, 1990). Meanwhile, in the construction of the new building, the name of the construction permit is the subcontractor. If the contractor fails to pay the construction price under the construction contract, the unpaid price shall be paid in kind, or provisional registration for the ownership of the building is made to the contractor, and if the contractor is premised on the contractor’s acquisition of ownership of the building completed by the contractor, the contractor’s efforts and materials shall be 80%, and the remaining construction work shall be suspended, regardless of social norms and social norms, the owner’s ownership shall be deemed to have been paid to the contractor.