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(영문) 의정부지방법원고양지원 2019.01.18 2018가합71697
건축주 명의변경
Text

1. The defendant is the defendant's written permission to change the use of each building construction to the plaintiff listed in the annexed building permit list.

Reasons

1. Basic facts

A. On July 15, 201, the Defendant: (a) completed the registration of ownership transfer under the name of the Defendant on the ground of sale on May 31, 201, with respect to C Forest land 4,461 square meters (hereinafter “instant land”) as to each land listed in the land list of annexed land 2 as of September 28, 201, regardless of whether it was before or after subdivision; and (b) obtained each building permit (hereinafter “instant building permit”) listed in the annexed Table 1 with a content that newly constructs ten multi-family houses on the instant land during the period from September 28, 201 to November 17, 2011.

B. Meanwhile, as to the instant land as of March 25, 2015, in the procedure for the auction of the real estate D (hereinafter “instant auction procedure”), for which Korea-Government District Court decided to commence auction as of March 25, 2015, E paid the price on March 11, 2016, thereby acquiring the ownership of the said land.

After that, on July 28, 2016, F made a provisional registration of the right to claim ownership transfer on the said land. The Plaintiff transferred F’s right to claim ownership transfer from F and made a provisional registration on August 31, 2017, and completed the principal registration of ownership transfer on December 4, 2017.

C. The Defendant suspended the construction work on the instant land while continuing the construction work. At the voluntary auction procedure, the lower court suspended the construction work on the instant land from the time of the sale of the said land, and the structure of the floor of the building (hereinafter “instant fixtures”) remains.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is the owner of the instant land and fixtures, and the instant building permit, which has the nature of the instant land and fixtures, has been transferred to the Plaintiff. Therefore, the Defendant is obliged to change the name of the owner of the said building permit to the Plaintiff.

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