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(영문) 서울동부지방법원 2015.12.24 2015가합5123
건축주명의변경
Text

1. The Defendant’s ground for termination of the trust on December 15, 2012 regarding the building permit stated in the attached list to the Plaintiff.

Reasons

1. On June 16, 2005, the Plaintiff obtained a building permit (hereinafter “instant building permit”) as indicated in the attached list, and around May 2006, the Plaintiff newly constructed a building on the land of 330 square meters in Gangdong-gu Seoul Metropolitan Government with the Plaintiff’s funds (hereinafter “new building of this case”), and paid KRW 18,00 won for the new building of this case, KRW 3,728,60 for the farmland creation cost, KRW 3,728,60 for the new building of this case, and KRW 4,232,210 for acquisition tax.

Therefore, the Plaintiff is the sole owner of the new building of this case, and the owner of the building of this case is the joint owner of the Plaintiff and the Defendant. Therefore, it is reasonable to deem that the Plaintiff entrusted the name of the owner of the building

However, the Plaintiff terminated the title trust of the instant building permit to the Defendant on December 15, 2012. As such, the Defendant is obligated to implement the procedure for the change of the name of the owner on December 15, 2012 regarding the building permit stated in the separate sheet to the Plaintiff.

2. Grounds: Article 208 (3) 1 of the Civil Procedure Act.

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