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Reasons
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(영문) 서울고등법원 2019.05.30 2018나2058968
건축주명의변경절차이행청구
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1. The application for intervention by an independent party intervenor shall be rejected;

2. The defendant's appeal is dismissed.

3. Due to the principal claim.

Reasons

1. Basic facts

A. 1) The Defendant is a company established by I on July 18, 201 for the purpose of real estate development, etc. and is a company incorporated by the Defendant on July 18, 201 for the purpose of real estate development, etc. (hereinafter “instant land”).

(2) The instant building is a hospital building with the second and the sixth ground level, which is newly constructed on the ground (hereinafter “instant building”).

(1) the holder of the building permit (hereinafter referred to as “owner”).

2) On September 27, 2006, the Plaintiff is a creditor against the J (hereinafter “J”) established by the said I for real estate development, etc.

B. Building permission and registration of preservation of ownership of the instant building 1) K Co., Ltd. in the operation of I (mutual name was changed to L Co., Ltd. on October 19, 2006).

hereinafter referred to as "K"

(2) On November 1, 2012, the name of the owner of the instant building, including J, was changed several times, and the name of M and the Defendant was changed on November 22, 2012.

In addition, in 2011, the size of new buildings has been changed to 2nd underground and 6th above ground, and its purpose has been changed to medical facilities (a hospital).

3) Meanwhile, on January 30, 2013, a decision to commence compulsory sale of the instant building was rendered, and on the same day, registration of ownership preservation was completed in the name of the Defendant with respect to the instant building. (C) On July 15, 2015, the Defendant’s executive officer was registered as N and PO in-house directors on the part of the Defendant’s corporate registry.

2) On July 15, 2015, the Defendant N’s in-house director and the Defendant’s actual operator I are as follows (No. 2, hereinafter “instant letter”).

In addition, the author prepared a written consent to change the name of the owner of the instant building to the Plaintiff, stating that “The name of the owner of the instant building is changed to the Plaintiff.”

Each book object: Gangwon-do.

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