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(영문) 서울북부지방법원 2014.10.29 2014가합1687
무허가건물관리대장 명의변경취소
Text

1. As to the 1st real estate listed in the separate sheet to the Plaintiff A, Defendant D shall list the Plaintiff’s attached sheet.

Reasons

1. Facts of recognition;

A. The Dobong-gu Seoul Metropolitan Government Forest Land E (hereinafter “instant land”) is respectively constructed the 2 real estate (hereinafter “non-permission building 2”) indicated in the attached Table No. 1 as well as the 1 real estate listed in the attached Table (hereinafter “non-permission building 1”).

B. On November 10, 2001, Plaintiff A purchased 1/2 shares of the instant land and 1/2 without permission from its owner on December 21, 2001, and completed the registration of ownership transfer based on the said sale as to the shares of the instant land 1/2, and the registration of ownership transfer based on the first unauthorized building installed in Dobong-gu Seoul Office for the first unauthorized building, and received the delivery of the said building around that time.

C. At the time of December 2003, Plaintiff B purchased the building 2 without permission owned by F, a 1/2 equity right holder of the instant land, and completed the procedure for changing the name on the unauthorized Building Register kept in the Dobong-gu Seoul Metropolitan Government Office on December 5, 2003, and was handed over around that time.

On October 18, 2011, as to the 1/2 portion of the instant land owned by F, G’s voluntary auction procedure commenced upon the application of G, a mortgagee, and in the said auction procedure, the said auction procedure was sold to the Defendants on July 15, 2013, and the relevant share transfer registration was completed on July 17, 2013 (each share of 1/4), and around that time, Defendant C completed the procedure for the change of the name on the ledger of an unauthorized building without permission on the 2 unauthorized building.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-4, Eul evidence Nos. 1-5, the purport of the whole pleadings

2. The Defendants asserted that the lawsuit of this case filed against the Defendants who are not qualified as the parties is unlawful, but in the lawsuit of performance, the parties to the procedure for the change of names on the unauthorized Building Register of this case should be the Mayor of Seoul Metropolitan Government or the head of Dobong-gu Seoul Metropolitan Government.

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