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(영문) 인천지방법원 2020.11.17 2020가합311
건축주명의변경등
Text

Attached Form

As to the building permit of the building listed in paragraph 1 of the list, Defendant B shall be against Defendant C Co., Ltd.

Reasons

On August 13, 2019, the Plaintiff indicated the claim for the change of the name of the owner, and the Defendant D omitted the indication of the “stock company” from the time when the second name was named; the Defendant C Co., Ltd. was purchased from the Defendant C Co., Ltd. on December 19, 2018; and the Defendant C Co., Ltd purchased (including the change of the name of the owner) each of the land and the building under construction from the Defendant B on September 6, 2017, each of the land listed in the separate sheet in the separate sheet from the Defendant C Co., Ltd. on September 6, 2017. The Plaintiff sought against the Defendant C and B, the seller, in successive subrogation, to implement the procedure for the change of the name of the owner; and against the Defendant D Co., Ltd, to implement the procedure for the change of the name of the owner. The Plaintiff made a judgment by the confession of applicable provisions of law (Articles 208(3)2 and 150(

A. The gist of the Plaintiff’s assertion was to purchase each land and a building under construction listed in the separate sheet, and develop it as a multi-family housing. However, the Plaintiff could not proceed with the project due to delayed implementation of the procedure for changing the name of the owner.

Therefore, the Defendants shall jointly and severally pay the Plaintiff rent of KRW 1,50,000 (one percent of the sale price of KRW 150,000,000), which is the amount equivalent to the land rent, from August 21, 2019 to the completion date of the change of the name of the owner of the building as stated in the attached Table 1, from August 21, 2019 to August 21, 2019.

B. According to the evidence No. 1, “The purchase price of KRW 150,00,00 is the case where permission for mountainous district development and permission for development is extended (the name of the owner), and when permission for mountainous district development, permission for development or permission for extension of building permit is not granted, the purchaser shall, after termination of the collateral security, rearrange the purchase price in a realistic manner or take measures under consultation, and the purchaser shall actively cooperate with the seller for the extension of permission after acquisition of ownership.”

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