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(영문) 창원지방법원 2018.07.12 2017가합55698
건축허가명의변경절차 이행 등 청구
Text

1. Of the instant lawsuit, the part of the Plaintiff’s claim against Defendant B and the primary claim against Defendant C.

Reasons

1. Basic facts

A. On August 12, 2009, the Plaintiff continued to construct the instant building upon obtaining a building permit from the competent authority for the construction of the D-based Officetel (hereinafter “instant building”).

B. On January 22, 2016, the Plaintiff changed the name of the owner of the building permit for new construction of the instant building from the Plaintiff to Defendant B. However, Defendant B is the nominal owner and the actual owner is the Plaintiff. As such, in completing the instant building, Defendant B entered into an agreement with the Plaintiff on the completion of construction of the instant building (hereinafter “instant agreement”).

C. On January 28, 2016, Defendant B entered into a contract with F Co., Ltd. (hereinafter “F”) for construction works of the instant building, which is 650,000,000 of the contract amount, and up to July 31, 2016, with respect to construction works of the instant building.

On February 2, 2016, Defendant B filed an application with the competent authority for change of the name of the owner of the building permit concerning the construction of the instant building from the competent authority to Defendant B, and received the changed building permit (the “owner B” portion of the building permit stated in the attached Table) from the competent authority.

E. After the completion of the construction of the instant building, F claimed construction cost to Defendant B, Defendant B failed to pay the construction cost, and Defendant B consented to the change of the name of the owner of the instant building construction permit to Defendant C (hereinafter “Defendant C”) at the request of F around February 2017.

After that, on February 21, 2017, Defendant C received from the competent authority the change building permit that the name of the owner was changed from the owner to Defendant C (the portion of “owner C” among the building permits listed in the attached Table).

F. Defendant C completed the instant building and completed the registration of ownership preservation on October 18, 2017 with approval for use on September 22, 2017.

G. Meanwhile, on June 23, 2017, the Plaintiff C.

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