(영문) 서울중앙지방법원 2018.10.25 2016가합548860

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.10.25 2016가합548860

건축에관한 소송

Text

1. The defendant shall have the name of the owner with respect to the permission number C at the same 200,000 among the plaintiff and the defendant joint title.

Reasons

1. Basic facts

A. D on April 18, 2005, on the ground listed in the separate sheet No. 1 (hereinafter “instant land”), D obtained a building permit listed in the separate sheet No. 2 (hereinafter “instant building permit”) from the Dongbcheon City in order to construct a building with its main purpose of selling and operating facilities on the ground (hereinafter “instant building”).

B. The E Co., Ltd. (hereinafter “E”) was awarded the instant land owned by D through a public auction procedure and changed the name of the owner of the instant building permit from D to E from February 2, 2010.

C. On May 22, 2013, E entered into a joint agreement with the Defendant to jointly operate the instant building on the instant land (hereinafter “instant joint agreement”). D.

The name of the owner of the instant building permit was changed from “E” to “E and the Defendant” on April 25, 2014, and was changed to “Defendant and the Plaintiff” on July 28, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 1 to 4 (Evidence number includes numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. As of the gist of the Plaintiff’s assertion 1, the name of the owner of the instant building permit is the joint name of the Plaintiff and the Defendant.

The Plaintiff was legally transferred the position of the owner from the existing owner E, but the Defendant modified the joint execution agreement of the owner under the name of E, and changed the name of the owner of the instant building permit from the sole name of “E” to the joint name of “E and the Defendant”.

Since the Plaintiff is expected to construct the instant building on the ground of the instant land and to complete the registration of ownership preservation in the future of the Plaintiff, there is a need to change the name of the owner of the instant building permit into the Plaintiff’s sole name

Therefore, the Plaintiff’s name of the owner of the instant building permit against the Defendant is the Plaintiff’s sole name from the Defendant’s joint name.

유사 판례

-수원지방법원안양지원 2011.06.03 2010가합4610

-서울동부지방법원 2015.12.24 2015가합5123

-광주고등법원 2017.11.09 2016누4699

-서울중앙지방법원 2018.10.12 2018가단5100857

-의정부지방법원 2015.05.26 2014구합8457