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(영문) 서울중앙지방법원 2018.10.12 2018가단5100857
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 27, 201, the Plaintiff was a corporation established on April 27, 201 for the purpose of real estate development and development agent business, and on May 16, 201, the Plaintiff obtained permission from the Defendant to build three multi-family housing buildings on three lots, such as Echeon-si B, C, and D, which were owned by the Plaintiff (hereinafter “instant construction permission”).

B. On May 13, 2015, E reported to the Defendant the change of the name of the owner regarding the instant building permit, and the Defendant accepted the change (hereinafter “first disposition”) on May 15, 2015.

C. Since then, on October 17, 2016, the Defendant accepted a report on the change of the name of F owner on the instant building permit (hereinafter “instant second disposition”), and on July 12, 2017, accepted a report on the change of the name of the owner of the reason for the instant building permit (hereinafter “third disposition”), and then, the name of the owner of the instant building permit was changed to that of the Co., Ltd.

On the other hand, E was prosecuted against the Sungwon District Court on June 13, 2017 as the following facts charged of fraud, but the above court rendered a verdict of innocence against E on the ground that “The intention of deception or deception against G is not recognized in light of the fact that the name of the owner of the instant building permit was changed to F, who is the father of G,” on January 12, 2018. The prosecutor appealed against this, but the appellate court dismissed the prosecutor’s appeal on July 20, 2018, and the judgment became final and conclusive on July 28, 2018.

E For the purpose of lending, the Plaintiff’s representative director H’s written consent to the change of the owner’s name on April 11, 2013, and the transfer and takeover agreement of the construction permit on April 11, 2013, and the transfer and takeover agreement on the construction permit on April 11, 2013 are kept as they were without returning the local copy as if the Plaintiff were requested to return from H because the loan did not disappear, and using it, changing the owner’s name in the name of E on May 15, 2015, and then, as owner of G.

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