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(영문) 수원지방법원 2020.01.15 2019가합831
건축주명의변경절차이행
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, each entry in Gap's evidence 1 through 3, and purport of the whole pleadings);

A. C. On April 17, 2002, the registration of ownership preservation was completed for 16 sections of the 16th unit (hereinafter “E or F”) in the sale process, where the construction was conducted by obtaining a construction permit listed in the attached list related to the new construction of multi-family housing on the 8th floor of the wife population D (hereinafter “instant permission”). The registration of ownership preservation was completed for 16 sections of the 16th unit (hereinafter “E or F”).

B. After November 25, 2009, the Defendant completed the registration of ownership transfer for G and H sections, and ten owners of each partitioned building, including the Defendant, filed a report on the change of building owner related to the instant permission with the competent administrative agency on January 10, 2013.

C. On August 24, 2016, the Plaintiff and the designated parties, such as completing the registration of ownership transfer with respect to each of the above sections of the Defendant, completed the registration of ownership transfer with respect to each of the following sections (hereinafter “each of the instant sections”).

Plaintiff

E, I, J, G, H, K, L, M, Q, F NO, T T, V, W

D. The above multi-family housing was not completed and thus was not approved for use.

2. Whether the lawsuit in this case is legitimate or not, and whether the plaintiff and the designated parties seek implementation of the procedure for change of the name of the owner against the defendant, the owner of each of the partitioned buildings in this case, ex officio, the lawsuit in this case is legitimate or not.

According to Article 16 (1) of the Building Act and Article 12 (1) 3 of the Enforcement Decree of the Building Act, where a project owner is replaced, it shall be reported to the head of Si/Gun/Gu,

Meanwhile, according to Article 11(1)1 of the Enforcement Rule of the Building Act, a person who acquires a building under construction or large-scale repair from a person who has obtained permission or filed a report on construction or large-scale repair of a building shall construct the building within seven days from the date such fact occurred.

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