건축주명의변경절차이행 등
1. The Defendant (Counterclaim Defendant) is the Plaintiff (Counterclaim Defendant) with the name of the owner indicated in attached Form 1 as the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On October 2012, the Plaintiff agreed to purchase the pertinent land from Ulsan-gun, Ulsan-gun, U.S. D to 609.7 square meters (hereinafter “instant land”) with the Defendant’s consent, and that the purchaser shall be the Defendant, with the Defendant’s consent, and that C’s obligation to lend the amount of KRW 95,000,000 (hereinafter “instant loan obligation”) shall be acquired under the Defendant’s name.
Accordingly, on November 12, 2012, the Plaintiff entered into a contract to change the right to collateral security (hereinafter “the registration of change of collateral security”) and completed each registration of change of collateral security (hereinafter “the registration of change of collateral security”) with the U.S. District Court No. 117522, Nov. 12, 2012, which was received on November 12, 2012, to change the debtor of each establishment of collateral security (hereinafter “the registration of change of collateral security”).
B. The Plaintiff purchased the instant land with the Defendant’s consent, and obtained a building permit listed in attached Form 1 in the Defendant’s name, and constructed the instant building at the Plaintiff’s expense (hereinafter “instant building”).
C. However, on January 9, 2014, the decision to commence compulsory sale of the instant building was made to the Ulsan District Court E, and on January 10, 2014, the registration of preservation of ownership in the name of the defendant was made at the request of the auction court.
[Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 6, 8, 9 and Eul evidence No. 1, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. Since the ownership of a new building, which was determined on the claim for the performance of the procedure for the change of the name of the owner, is original acquisition by the constructor, the plaintiff is the owner of the building in this case since there is no dispute between the parties that the plaintiff constructed the building in this case with his own cost and effort.
Therefore, by changing the name of the owner in its own name, the plaintiff is implementing various procedures such as reporting or application that remains under the Building Act.