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(영문) 대법원 2015.01.15 2012다15022

건축주명의변경

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All appeals are dismissed.

The costs of appeal by the defendant are assessed against the defendant and the independent party intervenor.

Reasons

The grounds of appeal by the defendant and the independent party intervenor (to the extent of supplement in case of supplemental appellate brief not timely filed) are examined together.

Examining the records in light of the relevant legal principles, the lower court, based on its reasoning, determined that: (a) the Plaintiff’s interest in filing a lawsuit against the Defendant to seek implementation of the procedure for change of the owner’s title of the instant building; (b) the Defendant consented to the transfer of the right to claim the implementation of the procedure for change of the owner’s name against the Defendant to the Plaintiff; and (c) the earguent Mutual Savings Bank was deemed to have entirely transferred the right to collateral security for the instant building to esdi, etc.; and (b) maintained

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal doctrine regarding the interest in the lawsuit claiming change of name, or by failing to exhaust all necessary deliberations.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.