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(영문) 인천지방법원 2017.01.19 2013가합5004
정산금
Text

1. Of the instant lawsuit, the part concerning the claim for confirmation of conformity with the building stated in Attachment 2. Paragraph 2 of the real estate list shall be dismissed.

2.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant, the Defendant’s fifth degree of early 2001, bear half the costs of constructing a new building, and decided to purchase the land of 3,808 square meters in Gyeyang-gu Incheon, Gyeyang-gu (the land was divided into the land of 3 lots on January 28, 2003 as indicated in the real estate list on January 1, 2003; hereinafter “instant land”).

B. Accordingly, the defendant purchased the instant land from D on September 17, 2001, and completed the registration of ownership transfer in the name of the defendant on September 19, 2001.

On the other hand, the registration of ownership transfer was completed on February 2, 2002 with respect to the portion of 1/2 of the instant land in F on the grounds of the cancellation of agreement on December 5, 2005.

C. After that, on March 26, 2002, E was awarded a contract from the Plaintiff for the construction of two new buildings on the instant land, and completed the said construction in the name of Taebong Integrated Construction Co., Ltd. around 2003. On February 5, 2003, E obtained approval for the use of one of the above buildings from the competent authorities.

On the other hand, according to the construction permit for the two buildings of the above building in the original F name, one of them (the building listed in paragraph (1) of the list of real estate as shown in attached Table 2, which was approved by the competent government office; hereinafter “registered building”) was completed on February 6, 2006 in the name of F on the same day, and the registration of ownership transfer was completed in the name of the defendant, and one of them (the building listed in paragraph (2) of the same Table; hereinafter “unregistered building”; hereinafter “unregistered building” is referred to as “the building in this case”) was changed in the name of the owner of the building in the name of the defendant around 2012, and the above building was not approved for use until now.

E. At present, the defendant gains rent from the lease of a registered building alone. On February 12, 2003, the plaintiff registered his/her business with the trade name of "G" on the location of the registered building and then registered his/her business.

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