(영문) 서울고등법원 2019.10.08 2019나2008786

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(영문) 서울고등법원 2019.10.08 2019나2008786

건축주 명의변경

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance that cited the Defendant’s argument is identical to the reasoning of the judgment of the court of first instance, except for the following determination as to the Defendant’s argument:

2. Additional determination

A. A person who loses ownership by auction of the summary of the defendant's assertion does not constitute "a transferor of a building under construction".

Therefore, the defendant is not obliged to implement the procedure for changing the name of the owner in the auction procedure to E purchased the land of this case and to the plaintiff who is the successor purchaser.

Even if the auction is included in the scope of the above "transfer", a person who can seek implementation of the procedure for change of the name of the project owner to the defendant is a successful bidder, and the plaintiff is not qualified.

In addition, five buildings among the fixtures of this case, which are constructed on the land of this case, are independent buildings with columns, roofs, and main walls, so it does not correspond to the land of this case.

B. 1) Whether the Plaintiff may seek permission from an administrative agency or a report to an administrative agency (hereinafter “permission, etc.”) is deemed to be “permission, etc.” when combined with such permission and report.

In cases where a building is constructed after Eul and a building is in progress, the transferee of the building in progress needs to change the name of the building owner in order to continue the construction in progress, and after completion inspection, it is necessary to register the building management ledger as the owner and change the name of the building owner in order to file an application for registration of preservation of ownership in the name of the transferee. To this end, the transferee shall submit a report on change of the building related to the construction to the permitting authority along with the “written consent to change of the name of the building owner before the change” or the “documents evidencing the change of rights” to the report on change of the building related to the construction in accordance with Article 11(1) of the Enforcement Rule

참조조문

-건축법 시행규칙 제11조 제1항

-민사소송법 제420조

유사 판례

-대법원 2015. 9. 10. 선고 2012다23863 판결

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-대전지방법원 논산지원 2017.01.18 2016가합134

-부산고등법원(창원) 2017.10.25 2017누10732

-대법원 2015.10.29 2013두11475