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(영문) 광주고등법원 2016.12.28 2015나12993

소유권이전등기

Text

1. The plaintiff's appeal is dismissed.

2. The claim for the preliminary claim added at the trial shall be dismissed; and

3...

Reasons

1. Basic facts

A. D on February 12, 2013, the representative director of the Plaintiff (which was a limited company B, but completed the registration of change with its trade name as of July 24, 2014), entered into a sales contract with E and E on February 12, 2013, which entered into between B and E, 69 square meters of land in attached Table 51 square meters, etc. (hereinafter “instant land”). However, the area of the land described in attached Table 1 (1) is entered into as 49.5 square meters, but the said 49.5 square meters appears to be a clerical error of 51 square meters of land. The sales contract was concluded between B and E to purchase the sales amount of KRW 292,00,000 intermediate payment of KRW 100,000,000 and the remainder of KRW 172,000,000,000.

[The instant land was owned by E, G, and H at the time of the conclusion of the above sales contract (E equity 51/69, G equity 14/69, H equity 4/69)] B.

Since then P (the reference of the representative director D) entered into a service contract, such as design, construction authorization, and permission for urban-type residential housing, on behalf of the Plaintiff, with K, on behalf of the Plaintiff, and K entered into a service contract, such as urban-type residential housing (hereinafter “instant urban-type residential housing”) as described in the attached Table (2), and K prepared a design drawing (No. 2) of the land listed in the attached Table (1), (4), and the land listed in the attached Table (1), (2), which is the site of the instant urban-type residential housing, and 1,323 square meters of the land listed in the attached Table (1,49 square meters), which is the site of the instant urban-type residential housing, and applied for a building permit for the instant urban-type residential housing, on behalf of the Plaintiff. The application for a building permit submitted at the time was accompanied only by E’s land use consent and a certificate of personal seal impression among three co-owners of the instant

C. On April 24, 2013, the Plaintiff obtained the same building permit (hereinafter “instant building permit”) as indicated in the [Attachment List (2) from Naju-si, and the application for construction permission submitted by K was filed with five floors above the ground level. However, the first issue of Naju-si was issued.