beta
(영문) 서울서부지방법원 2019.06.13 2017나1725

소유권이전등기

Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's lawsuit as added by this court shall be dismissed.

3...

Reasons

1. The Plaintiff’s summary of the Plaintiff’s assertion is the owner of each unauthorized building of this case, and the Defendant seeks implementation of the procedure for change of the name of each owner on the ledger of unauthorized Building for the following reasons.

① The deceased B (Death on June 7, 2017) succeeded to each of the instant unauthorized buildings from the deceased D (Death on April 1, 2003), the husband, and on August 10, 2004, sold it to the Plaintiff on August 10, 2004, the Plaintiff agreed to receive the remainder payment of KRW 150 million on the date of the contract, intermediate payment of KRW 150 million on August 28, 2004, and the remainder from the Korea Railroad Corporation the land for each of the instant unauthorized buildings, and receive the remainder payment of KRW 1/2 of the remainder after settling the taxes, public charges, and rents, etc.

② Although the Plaintiff paid down payment and intermediate payment to the network B, as a result of reviewing the public question as to whether the Korea Railroad Corporation's land falls short of profitability, it was impossible for the Korea Railroad Corporation to sell the land to the L by private contract.

③ Since then, when the tenants of 110 households established in Yongsan-gu Seoul Metropolitan Government and 30 lots of unauthorized Building, the Plaintiff paid a total of KRW 4.1 billion on behalf of the network B, and paid the net B a total of KRW 2.4 billion by reducing the total purchase price from KRW 2.8 billion to KRW 2.4 billion.

④ Therefore, the Plaintiff, as the owner of each unauthorized building of this case, is entitled to the compensation for removal due to public works, and thus, the interest in the lawsuit of this case is recognized. The Defendant, as the heir of the network B, should implement the procedure for the registration of change of the owner’s name on the ledger of unauthorized buildings.

2. As to the legitimacy of the instant lawsuit, the ledger of unauthorized building without permission is prepared and kept for the convenience of administrative affairs pertaining to the maintenance of unauthorized buildings, and is recorded in the ledger.