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(영문) 수원지방법원 2017.03.28 2016가합2997 (1)
건축주명의변경 절차 이행
Text

1. As to each land listed in the separate sheet Nos. 1, 2, 4, 5, and 6 in the separate sheet No. 2, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. On May 16, 2016, the Plaintiff and C acquired each ownership by winning each land listed in the separate sheet No. 1 (hereinafter collectively referred to as “instant land”) in the auction procedure for the purchase of real estate D and E (Dual) real estate in the Suwon District Court D and E (Dual) on May 16, 2016, in full payment on June 24, 2016.

B. Meanwhile, the Defendant, the previous owner of the instant land, filed a building report with the branch office of Pyeongtaek-si Office in order to newly construct a detached house on the instant land, or changed the name of the original F owner to the Defendant.

Accordingly, the contents of each building report on the land of this case are as shown in the Nos. 1, 2, 4, 5, and 6 of the attached Table 2.

C. The Defendant started construction after commencement of construction and installed a retaining wall in part of the instant land, but did not proceed with construction any longer as an auction on the instant land was commenced.

【In the absence of dispute as to the ground for recognition, entry of Gap 1, 2, 3, and 6 (including the number of branch offices in the case of additional number), and the fact-finding with the head of office office of Pyeongtaek-si in this court, the purport of the entire pleadings

2. Judgment as to the main claim

A. Each building report stated in the separate sheet No. 2 of the plaintiff's assertion that each of the building reports in the separate sheet No. 2 of the plaintiff's assertion is a accessory or accessory right to the land of this case, or is naturally transferred to the plaintiff, along with the alteration of the right to the land of this case, in accordance with the analogical application of Article 100 (2) of the Civil Act. Thus, the defendant is obligated to consent

B. Determination 1) According to the results of the fact-finding on the building report No. 3 listed in the attached Table 2 List No. 3, the building report No. 3 listed in the attached Table 2 List No. 3 is the Pyeongtaek-si G land (hereinafter “G land”).

) It can be recognized that it relates to Gap's Nos. 1 to 4, and 6 (a serial number).

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