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(영문) 수원지방법원 2015.10.15 2015가합62534
건축주명의변경절차이행 청구의 소
Text

1. The Defendant’s ground for termination of title trust on April 2, 2015 regarding the building permit stated in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 16, 2011, the Plaintiff: (a) obtained a building permit to newly build a house with respect to the water zone C 1,670 square meters, which is owned by the Plaintiff; and (b) divided the said forest into 987 square meters and 683 square meters with respect to the water zone C and 987 square meters with respect to the water zone D 683 square meters

After that, on March 13, 2013, the area of 683 square meters of D forest land in Yongsan-si is 935 square meters of forest land in Taesi-si (hereinafter “instant land 1”).

B. On October 24, 2012, the Plaintiff sold 199 square meters (hereinafter “instant land 2”) out of 987 square meters in Suwon-si Suwon-si C Forest land in the Defendant for KRW 278,60,00,000, including a building for which a building permit was granted on the ground.

C. The Plaintiff again sought a building permit to construct housing on the instant land No. 1. In order to avoid the imposition of development charges if a building permit is granted to the same person within three years, the Plaintiff entered into a title trust agreement with the Defendant to title trust the instant land, and to newly construct housing with a building permit granted under the Defendant’s name on the said ground, because it had already applied for a building permit on the land No. 1 and 2, which is the land prior to the division of the instant land, on the surface of the land No. 1 and 2.

According to the above title trust agreement, the Defendant completed the registration of ownership transfer under the name of the Defendant on April 16, 2013 with respect to the land No. 1, and completed the registration of ownership transfer under the name of the Defendant. On July 2, 2013, the Defendant obtained a permit from the head of Suwon District Court to construct one unit of reinforced concrete structure built on the land No. 1 (hereinafter “instant building permit”) on March 17, 2014, and obtained a revised construction permit to the building permit as indicated in the attached list (hereinafter “instant building permit”), and the Plaintiff followed the construction work on the land No. 1.

E. On June 30, 2014, the Plaintiff terminated a title trust agreement on the grounds of the Defendant’s nonperformance of obligation, etc., and issued this Court Order 2014Gahap86700.

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