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(영문) 대구지방법원 2015.01.09 2014가합5788
건축허가명의변경 절차이행
Text

1. The defendant shall change the name of the owner to the plaintiff regarding the building permit stated in the attached list.

Reasons

1. Basic facts

A. On June 1, 2013, the Plaintiff purchased from the Defendant the amount of KRW 330 million,00,000,000,000 from Daegu-gu, Daegu-gu, and KRW 263 square meters and KRW 84,000,000 from D (hereinafter “instant land”) and paid the down payment of KRW 30,00,000 on the date of the contract and around June 4, 2013. Of intermediate payment of KRW 80,000,000, the Plaintiff paid KRW 20,000,000 on July 1, 2013.

B. On September 11, 2013, the Plaintiff obtained a construction permit in the name of the Defendant, as indicated in the separate sheet, from the head of the Daegu Metropolitan City Office, to construct a detached house (a multi-family house; hereinafter “instant building”) on the instant land (hereinafter “instant building permit”).

C. The Plaintiff filed a claim suit against the Defendant, including the Seogu District Court Branch 2013Kadan29091, Seogu District Court Branch 2013Gadan29091, and issued a ruling of recommending reconciliation with the following contents in the instant case, which became final and conclusive August 1, 2014.

1. At the same time, the Defendant received KRW 285 million from the Plaintiff, and simultaneously takes the procedure for the registration of ownership transfer for the instant land on June 1, 2013, and delivers each of the said land to the Plaintiff.

2. On June 1, 2013, the Plaintiff received each procedure for the registration of ownership transfer for the instant land from the Defendant and simultaneously paid KRW 285 million to the Defendant for the delivery of each of the said land.

(hereinafter Omission)

D. According to the above decision of recommending reconciliation, the Plaintiff paid KRW 285 million to the Defendant (the additional amount of KRW 280,000,000 to KRW 5,000). On August 7, 2014, the Defendant fulfilled the procedure for the registration of ownership transfer of the instant land to the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1, 2, 7 or 9, and the purport of the whole pleading

2. The following circumstances, i.e., the Plaintiff’s new construction of a single house, which are acknowledged by comprehensively considering the purport of the entire pleadings in each of the statements in Gap’s evidence Nos. 1, 2, 4, 5, and 10, and Eul evidence Nos. 5.

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