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(영문) 수원지방법원 2015.11.17 2015구합12
건축관계자(건축주)변경신고서 반려처분 취소
Text

1. On October 20, 2014, the disposition that the Defendant rendered against the Plaintiff on October 20, 2014 for the return of the report on change by construction participants is revoked.

2...

Reasons

1. Details of the disposition;

A. On December 24, 2012, B obtained a construction permit from the Defendant to newly construct a Class II neighborhood living facility (general restaurants, manufacturing establishments, and offices), etc. on the ground of 3,890 square meters of Pyeongtaek-si prior to Pyeongtaek-si (hereinafter “instant construction permit”).

B. On January 24, 2014, the Plaintiff entered into a transfer agreement with B on all the rights including the instant building permit (hereinafter “instant agreement”) and filed a lawsuit against B seeking implementation of the procedure for change of name against the Gwangju District Court 2014Gahap1302.

On June 10, 2014, the above court rendered a ruling of recommending reconciliation with the purport that “B shall implement the procedures for change of the name of the owner on the ground of the instant agreement with the Plaintiff regarding the instant building permit,” and the said ruling of recommending reconciliation became final and conclusive on June 27, 2014.

C. On August 29, 2014, the Plaintiff submitted to the Defendant a report on the change of the construction participant (owner) to change the name of the owner of the instant construction permit from B to the Plaintiff, along with a written recommendation for reconciliation as stated in the said B.

(hereinafter “instant report”) D.

On October 20, 2014, the Defendant rejected the instant report on the ground that the Plaintiff failed to submit a document (written consent to land use and the certificate of the seal impression) verifying the ownership of land, written consent to use following the creation of superficies, and the certificate of the seal impression are insufficient.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence 1, 2-1, 2-2, 5-2, Eul evidence 1, 3-2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

(a) The details of the relevant statutes are as shown in the attached statutes;

B. According to Article 16(1) of the Building Act and Article 12(1)3 of the Enforcement Decree of the same Act, if the owner intends to change the permitted matters, he/she shall do so before changing the registered matters.

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