logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.03.14 2014가단26100
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant shared one half of the costs in order to construct a new building, and the Plaintiff and the Defendant agreed to purchase the land of three lots, such as the land listed in the real estate list on January 28, 2003, which was divided into the land of three lots, such as the land listed in the attached Table 1 of the Incheon Gyeyang-gu, Incheon (hereinafter “instant land”).

B. Accordingly, the Plaintiff purchased the instant land from E on September 17, 2001, and completed the registration of ownership transfer in the name of the Plaintiff on September 19, 2001.

The plaintiff and the defendant bear one half each of the purchase price and other acquisition costs of the above land.

On the other hand, the registration of ownership transfer was cancelled on December 5, 2005 due to the cancellation of agreement, when the registration of ownership transfer was completed in the F on February 2, 2002 with respect to the 1/2 shares of the instant land.

C. The instant land was located in a village district within a development-restricted zone to obtain a building permit, and there was a need to remove and build existing buildings within a development-restricted zone, and only those who have resided in the neighboring farmland ledger for at least 30 years can be the title holder of the building permit.

Accordingly, the Plaintiff and the Defendant were to obtain a building permit by lending another person’s name. Around 2002, the Plaintiff and the Defendant reported 53.99 square meters of the land of this case to one Dong in the name of F, and 90.72 square meters of the land of this case as the building subject to relocation in the name of Gyeyang-gu Incheon Metropolitan City for the remaining one building.

I was awarded by the Defendant a contract on March 26, 2002 for the construction of two buildings on the instant land, and completed the said construction under the name of JJ Co., Ltd. (hereinafter “J”) around February 2003. On February 5, 2003, the said construction was approved by the competent authority for the use of one building among the above buildings.

E. A building approved for use by the competent authority shall be registered in F on February 6, 2006 with attached Form 2. A building specified in Paragraph 1 of the List of Real Estate (hereinafter “registered building”).

arrow