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(영문) 서울고등법원 2012.02.09 2011나55889
건축주명의변경절차이행
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasons why this court should explain the facts of recognition are the same as the corresponding column of the judgment of the court of first instance, in addition to the fact that the "each co-owner of 1/3 co-ownership" in the second part of the judgment of the court of first instance as "as to "as to each co-ownership of 1/3" in the second part of the judgment of the court of first instance.

2. Determination as to the legitimacy of the instant lawsuit (1) In this case, the Plaintiff is seeking implementation of the procedure for changing the Defendants’ owner’ name in the report on extension, etc. and the report completion certificate to the Plaintiff, only three of the title holders of the building report, to the Plaintiff.

(2) Even if an agreement on the transfer of part of the section or share to a person who is not the owner in the name of the building is valid in the extension of the building, the building report is given to one building (Articles 11, 14, and 2(1)2 of the Building Act). Since the nature of the building report cannot be divided into sections for exclusive use or share due to the nature of the building report, a person who has acquired part of the section or share of the building may register the ownership of the building as the joint owner of the building in accordance with the report on the change of construction participants pursuant to Article 11 of the Enforcement Rule of the Building Act before the approval for use is completed, in order to register the ownership of the building in his/her name after the completion of the building, he/she shall add himself/herself as the joint owner of the building in accordance with the report on the change of construction participants pursuant to Article 11 of the Enforcement Rule of the Building Act.

(See Supreme Court Decision 2009Da67276 Decided July 15, 2010). (3) On the other hand, in a case where the report on extension, etc. and the report completion certificate are jointly owned by a joint owner, the joint owner is a quasi-joint owner of the right to the report to the administrative agency.

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