건물건축허가명의변경절차이행청구 등
1. The defendant shall be the plaintiff.
(a) order the buildings listed in the annex 1 list;
(b) Building permits listed in the annex 2 list.
1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) the statements of Gap evidence Nos. 1 through 4, 6, 9, 10; and (c) Eul evidence Nos. 4, 9, and 10 (including each number; hereinafter the same shall apply); and (c) the testimony of the witness C; and (d) contrary witness D’s testimony is likely to be trusted; and (e) there is no other counter-proof.
The Plaintiff was the owner of the building permit listed in the attached Table 2 (hereinafter “instant building permit”) as indicated in the attached Table 1 List (hereinafter “instant building permit”).
B. On June 27, 2012, the Plaintiff entered into a contract with the Defendant to change the name of the owner of the instant building permit (hereinafter “instant building owner”) from the Plaintiff to the Defendant and deliver the instant building to the Defendant (hereinafter “instant contract to change the name of the owner”). The Plaintiff paid the price to the owner of the instant building within 45 days from the date of the change from the Plaintiff to the Defendant.
C. On October 17, 2012, the Plaintiff received KRW 37,000,000 from the Defendant out of the price for the instant contract for the change of the name of the building owner, and on October 29, 2012, the name of the instant owner was changed from the Plaintiff to the Defendant.
As the name of the owner of this case was changed to the defendant and the remaining amount was not paid by the defendant even after the lapse of 45 days, the plaintiff urged the defendant to pay the remainder.
E. On July 26, 2013, the Plaintiff agreed to receive KRW 70,000,000, which is a part of the remainder with the Defendant, until August 31, 2013.
(1) The Defendant asserted that the remaining payment date of the building of this case was changed from the completion date of the building of this case, but there is no evidence to acknowledge it in addition to the witness D’s testimony, and thus, the Defendant’s above assertion is rejected. However, the Defendant did not pay the remainder to the Plaintiff by the above date.