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(영문) 울산지방법원 2020.02.13 2019가합17115

건축주 명의 인취

Text

1. The defendant shall change the name of the owner of each building permit listed in the separate sheet to the plaintiffs.

Reasons

1. Indication of claim;

A. Plaintiff A is the owner of D forest land 9,061 square meters (hereinafter “D land before subdivision”). On March 17, 2017, the Plaintiff obtained a building permit listed in the attached Table No. 1 as to D forest land 4,507 square meters (hereinafter “D land”) to be divided from the said land from the head of Ulsan Metropolitan City, Ulsan-gu, Ulsan-do, Ulsan-do, and obtained a building permit listed in the attached Table No. 2 as to E forest land 4,554 square meters (hereinafter “E land”) to be divided from the said land on the same day from the head of Ulsan-gu, Ulsan-do, Ulsan-do. The Plaintiff B obtained a building permit listed in the attached Table No. 2 as to E forest land 4,554 square meters (hereinafter “E

(The "each building permit of this case" in the attached list). (b)

Before subdivision, D land was divided into D and E land on April 4, 2017, and Plaintiff A sold E land to F on April 3, 2017, and around that time, the transfer registration of E land was completed in F future.

C. On January 10, 2019, Plaintiff A and F entered into a sales contract with G to sell KRW 510 million of land, E, and H road for KRW 82 million. Since then, the Defendant acquired the status of purchaser pursuant to the said sales contract on February 18, 2019, and completed the procedure for the registration of ownership transfer for the said land pursuant to the said sales contract on February 18, 2019.

On June 7, 2019, the Plaintiffs entered into an agreement between the Defendant and the owner of each building permit of this case to change the name of the owner of each building permit of this case to the Defendant, and to pay taxes, public charges, and development expenses related to the said real estate as well as to pay the expenses related to the said real estate. However, the Plaintiffs agreed to pay KRW 3 million as proxy expenses (hereinafter “instant agreement”).

E. On December 2019, the Ulsan-gu Seoul Metropolitan City Ulsan-gun, where the Defendant had not changed the name of the owner of each of the instant building permission, KRW 852,160, and KRW 7,69,380 as legal charges, and KRW 628,780 as fees for handling expenses for the replacement of forest resources for the Plaintiff A’s land, and KRW 628,780 as for the Plaintiff B’s land.