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(영문) 전주지방법원 정읍지원 2017.03.14 2015가단944
건축주명의변경등
Text

1. The defendant shall be the plaintiff.

A. As to each real estate listed in the separate sheet No. 1, the Jeonju District Court Branch of the District Court on November 2012

Reasons

1. The Plaintiff seeking a payment of KRW 8,174,030 to the Defendant for the implementation of the principal registration procedure on each real estate listed in the separate sheet No. 1, the implementation of the procedure for change of the name of the building owner as to the building permit listed in the separate sheet No. 2

In full view of the following facts, Gap evidence Nos. 1 through 10, the fact inquiry results concerning the subordinate military of this court, and the whole purport of the pleadings, the following facts can be acknowledged.

① On November 5, 2012, the Plaintiff, the Defendant, and Nonparty C entered into a procedure for the registration of ownership transfer with respect to 12 parcels, including each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”). However, with respect to a building unregistered on the instant real estate, the Plaintiff, the Defendant, and Nonparty C entered into an agreement with the Plaintiff on November 5, 2012, on the following grounds: (a) the first sale contract was registered; (b) the completion inspection of the unregistered building; (c) the registration of completion thereof; and (d) the registration of ownership transfer after changing the use of the site from

② At that time, the Plaintiff, the Defendant, and C agreed to transfer the ownership of the building that was being newly constructed (hereinafter “instant building”) on the ground of the instant real estate by obtaining a construction permit listed in the attached list No. 2 on the ground of the instant real estate, and to complete the completion inspection and the registration of ownership transfer within six months from the date of the said agreement.

③ In addition, the Plaintiff, the Defendant, and C agreed to change the name of the owner of the instant building to the Plaintiff in the event that the completion inspection and the preservation registration are not completed within the said period.

④ On November 5, 2011, the Defendant completed the registration procedure for the transfer of ownership in the Plaintiff’s name regarding ten parcels of real estate, other than the instant real estate, among the said 12 parcels of real estate. On the same day, the Plaintiff was named as the Plaintiff on November 5, 201 as the receipt of the instant real estate on November 5, 2012.

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