beta
(영문) 광주고등법원(제주) 2016.11.16 2015나1613

건축허가명의변경절차이행

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Determination as to the cause of claim

(a)The following facts may be found either in dispute between the parties or in full view of the entries, shapes, and the whole purport of the arguments, as stated in Gap evidence 1 to 8, 18, 22, 25, and 26 (including each number; hereinafter the same shall apply):

1) C Co., Ltd. (hereinafter “C”)

D) Jeju City Land (hereinafter referred to as “instant land”) upon obtaining permission from the competent authorities on the construction of the attached list from around 2007.

3) On the ground (hereinafter “instant building”) the building

A. On March 27, 2009, the name of the owner of the instant building on March 27, 2009, Co., Ltd. E (hereinafter “E”) was newly built.

2) On February 28, 201, the name of the owner of the building in question was changed from E to the Plaintiff. 2) The Plaintiff’s internal director from Jun. 2014 to Jun. 28, 2014

7. The transfer/acquisition letter (No. 2) stating that “the Plaintiff shall transfer to the Defendant the right to the permission-related fee, such as the license tax, credit, and the charge of the person responsible for sewerage, etc. on the instant land,” and that “The Plaintiff shall obtain the construction permit under the name of the Plaintiff, and consent to inevitably change the name of the Defendant due to the circumstances of the company during the construction, during the construction,” between the first police officer and G operating the Defendant. The transfer/acquisition letter (No. 3) stating that “The Plaintiff shall inevitably change the name of the Defendant due to the circumstances of the company during the construction.” The transfer/acquisition signed the corporate seal of the Plaintiff under the name of the Plaintiff he voluntarily

3) After that, on July 14, 2014, F submitted a report that changes the name of the owner of the instant building from the Plaintiff to the prime viewing, along with the above transfer/acquisition statement, etc., and on July 24, 2014, the Jeju City accepted the said report as stated in the building permit stated in the separate sheet. 4) After that, F and G conspired with F in collusion with the Plaintiff to forge the transfer/acquisition of the Plaintiff’s name and the written consent for the change of the owner’s name.