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(영문) 수원지방법원성남지원 2020.04.21 2019가합405125
건축에관한 소송
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On November 26, 2012, the Plaintiff obtained permission for development activities under the National Land Development and Utilization Act for the purpose of creating a site for detached houses and access roads on the ground of the Gyeonggi-gu G, H, I-3 lots and J, and two lots of land owned by the Plaintiff (hereinafter “each development activity”).

B. On September 2, 2016, the Plaintiff sold to Defendant B a share of 124/309 of Gyeonggi-gun H, which was included in the said three parcels of land subject to each of the above permission for development activities, to Defendant C. Accordingly, the Plaintiff sold the share of 134/334 of K, which was included in the said two parcels of land. Accordingly, on October 4, 2016, the said H land owned the Plaintiff’s share of 185/309, the remainder of 124/309, the remainder of 124/309, the Plaintiff’s share of 200/34, and Defendant C owned the remainder of 134/34 shares.

C. On the other hand, on September 1, 2016, the Plaintiff applied for a change in the name of a person permitted to engage in development activities to the office of Eunpyeong-gu Office. On September 5, 2016, the name of the person permitted to engage in development activities was changed from the Plaintiff to the Plaintiff and Defendant B, and the name of the person permitted to engage in development activities for the Plaintiff and Defendant B (D-A and 1, E) was changed from the Plaintiff on September 5, 2016.

(hereinafter referred to as "the grounds for recognition") of each of the above permissions for modification. [The grounds for recognition] of the absence of dispute, Gap evidence 1 through 10, Gap evidence 14, and the purport of the whole of the pleadings.

2. The plaintiff's assertion and judgment

A. The purport of the Plaintiff’s assertion is to change the name of the permission holder to temporarily include the Defendants in relation to which the ownership transfer registration has been made in the name of the Defendants. Since the registration of ownership transfer in the name of the Defendants has been completed, the Defendants are obliged to withdraw from the permission holder of each change in the name of the Defendants.

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