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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원안산지원 2015.10.08 2014가합3358
소유권보존등기말소 등
Text

1. Of the instant lawsuit, the part of the Plaintiff’s claim against Defendant B is dismissed.

2...

Reasons

1. Basic facts

A. The conclusion of an exchange contract, construction of a building, and completion of registration is completed. Defendant B is deemed to be the instant site on August 1, 1986, Ansan-si, 1355 square meters (hereinafter “instant site”).

(2) On the instant land, the Plaintiff representing 30 co-owners and the above Defendant’s commercial building of the size of the first and fifth above ground level (hereinafter “instant building”).

) After building Eul at the expense of the above defendant, the first floor (excluding the part of the parking lot, and the first floor parking lot of the above ground) among them, co-owners of the building site of this case were entitled to use only.

The above co-owners are owned by the above co-owners, and in return, the above co-owners enter into an agreement to transfer 5/6 of their respective shares on the site of this case to the above defendant (hereinafter “instant exchange agreement”).

(2) Around that time, Defendant B prepared an application for a building permit with co-owners of the instant building site including the Plaintiff (hereinafter “Plaintiff, etc.”) to which Defendant B was the owner of the building site and delegated the construction permit procedure to the architect design office. However, the Plaintiff stated in the applicant column for the building permit that the Plaintiff could infringe upon the rights and interests of the Plaintiff, etc. on the instant building under Defendant B’s sole name. In addition, the applicant column for the building permit had the Plaintiff file an application for a building permit with his seal affixed to the Plaintiff, and the Ansan market, upon which the application for the building permit was filed, deemed legitimate. On October 6, 1986, the building permit for the instant building that the Defendant B and the Plaintiff, etc. were the joint owners.

3) After that, Defendant B, etc., approved the name of joint owners with the Plaintiff, etc., under the joint names of Defendant B and the Plaintiff, etc., the name of the report of commencement, application for permission of change of design and permission, application for interim inspection, and certificate of completion of inspection. However, Defendant B, as agreed at the time of the instant exchange contract, did not construct the instant building.

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