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(영문) 의정부지방법원 2016.06.01 2015가합523
건축주명의변경절차이행
Text

1. The defendant shall execute the procedure for changing the name of the owner with respect to the building permit stated in the attached list to the plaintiff.

2...

Reasons

1. Basic facts

A. D building C Dong (hereinafter the above land referred to as “instant land”) located on the ground of 747 square meters above C in Nam-si, Namyang-si, Namyang-si, and the above building is four-story tenement houses of 19 households.

The building permit for the instant building was obtained by E at the time of October 7, 1996, which was the owner of the instant land.

B. After that, the name of the building owner under the above building permit was changed to eight persons, B, G, H, I, and J from around 2002, and was changed to the defendant, net F, K, L, M, and I (hereinafter “the building owner of the building of this case”) around 2003.

C. On October 15, 2003, Asung Mutual Savings Bank Co., Ltd., which was a mortgagee on several parcels of land including the instant land, applied for a voluntary auction on the land as collateral and completed the auction procedure on October 15, 2003 (Seoul District Court’s government branch N). On March 23, 2005, the Plaintiff purchased the instant land at a successful auction procedure and completed the registration of ownership transfer on April 25, 2005.

On the other hand, on March 19, 2012, the Defendant transferred all rights to the instant building, such as the building owner’s name, to O and P on March 19, 2012, and entered into a contract with O, etc. on the condition that the ownership of two households among the instant building should be transferred.

E. On March 20, 2014, the Plaintiff filed a lawsuit against the owner of the instant building (the deceased F, Q and R, his heir), claiming land transfer and land usage fee (hereinafter “claim for land usage fee, etc.”) with the District Court 2014Gahap2041, and on May 30, 2014, during the lawsuit, agreed with the Defendant on the following content (hereinafter “instant agreement”).

Plaintiff A’s written agreement

1. The Plaintiff waives his claim against the Defendant for the land use fee of the instant building C on the ground of the Namyang-si.

2. The defendant shall immediately make a written agreement concerning the building of this case in the name of the owner and farmland diversion.

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