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(영문) 대전지방법원 2020.12.10 2019가합109197
소유권말소등기
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. In around 2014, the Plaintiff and the Defendant concluded a sales contract (hereinafter referred to as “instant sales contract”) to purchase land and buildings listed in the separate sheet owned by the Plaintiff (hereinafter referred to as “instant land” and “instant building,” and collectively referred to as “instant real estate”) by brokerage of licensed real estate agents C (trade name: D Licensed Real Estate Agent) and completed the registration of ownership transfer in the name of the Plaintiff on October 24, 2014.

B. The Plaintiff, from September 17, 2019 to May 25, 2020, received a corrective order and a disposition imposing a non-performance penalty, ordering the restoration to the original state in conformity with the design drawing at the time of the construction permission, on the following grounds: (a) the Plaintiff’s unauthorized extension and unauthorized alteration of the use of the instant building, which violated the Building Act from the Seongbuk-gu Office of Daejeon Metropolitan City from around four times to May 25,

The detailed details of the unauthorized Expansion and Change of Use indicated in the above Disposition are as follows.

The unauthorized Extension of 51 square meters in a prefabricated panel building of 1st floor and 51 square meters in a warehouse of a prefabricated panel building, and the 3 household division (E, F) of 4 households of 3rd each 3rd 4th 2nd 4th 2nd 4th 2nd 4th 4th 2nd 19.18 square meters in a light metal 5th 2nd 5th 2nd 19.

C. The building ledger and the registration certificate of the instant building are not reflected in the portion extension without permission (the first floor warehouse, E, F, and G) among the instant building.

On July 2, 2020, the Plaintiff entered into a sales contract with I for the sale of the instant real estate, and on July 31, 202, the registration of ownership transfer was completed in the name of I for the said real estate.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 8, Eul evidence Nos. 1, 3, 4, 6, and 13, response to an order to submit tax information to the Seongbuk-gu Office of Daejeon Metropolitan City, response to an order to submit financial transaction information to J, and the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The defendant, around July 31, 2020, shall give I the real estate of this case to I.

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