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(영문) 수원지방법원 2015.10.15 2015구합60489
건축주명의변경신청 거부처분 취소
Text

1. The Defendant on December 29, 2014

Plaintiff

Attached 1 real estate for Eco Urban Development Co., Ltd.

Reasons

1. Details of the disposition;

A. Plaintiff Eco Urban Development Co., Ltd. (hereinafter “Plaintiff Eco Urban Development”) was awarded a successful bid of 327 square meters of land B in the procedure of voluntary auction at the Suwon District Court (hereinafter “Plaintiff”) and paid in full the sale price on September 14, 2012, and completed the registration of ownership transfer on the land No. 1 on September 21, 2012.

B. Plaintiff Liberia Co., Ltd. (hereinafter “Plaintiff Liberia”), and L&A (hereinafter “Plaintiff L&A”) were awarded a bid of 360 square meters of land D in the procedure of compulsory auction at Suwon District Court C by Suwon District Court for the compulsory auction, and paid in full the sale price on January 3, 2012, and completed the registration of ownership transfer on the land No. 2 on January 11, 2012.

C. On the ground of the first land, a building listed in paragraph (1) of the attached Table 1 (hereinafter “No. 1”) was constructed, and on the ground of the second land, a building listed in paragraph (2) of the attached Table 1 on the attached Table 2 (hereinafter “No. 2”) was constructed, but E was written in the building permit ledger for the first and second buildings.

Plaintiff

On December 2012, E and F filed a lawsuit against Suwon District Court 2012Gadan9460, Suwon District Court 2012. The above court ordered F to remove the first building, deliver the first land, and return unjust enrichment on the ground that F had an agreement between E and F to acquire the ownership of the building Nos. 1 and 2 from an original point of view, and thus, ordered F to perform the obligation to remove the building, deliver the first land, and return unjust enrichment on the part of E and F, and the above judgment became final and conclusive around that time.

E. On March 8, 2012, Plaintiff Libera and L&A filed a lawsuit against E and F, including Suwon District Court 2012Kadan16960, and the said court held D.

For the same reasons as the judgment of the court below, F has F removed the building of No. 2, and transferred the land of No. 2 to the plaintiff Lera and L&A.

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