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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On February 2016, D, a joint representative director of the Plaintiff’s assertion, changed the name of the owner of the instant building from the Plaintiff to the Defendant. Since the change of the name of D constitutes an act of breach of trust against the Plaintiff, the Defendant is obligated to implement the procedure for change of the name of the owner of the instant building.
2. Determination on the legitimacy of the instant lawsuit
A. Since a change in the name of the building owner in the name of the building owner is necessary for continuing the construction of the building on the uncompletioned building or for registration of ownership preservation in accordance with the Registration of Real Estate Act, etc. after the completion of the construction work, the transferee of the building under construction shall be deemed to have a benefit in lawsuit against the transferor. However, in the case of the building for which the construction is completed and the registration of ownership preservation is completed, there is no longer a need for change in the name of the building owner. Moreover, even if the name of the building owner is changed because it is not the method of public announcement of the acquisition and loss of the substantive right to the building, but the ownership is not estimated, it does not affect the substantial legal relationship of the building (see, e.g., Supreme Court Decision 88Meu6754, May 9, 1989). Thus, there is no benefit in lawsuit
I would like to say.
(See Supreme Court Decision 2005Da61010 Decided July 6, 2006, etc.). However, in a case where the construction itself completed as much as possible to be seen as an independent building, but the registration of ownership preservation has been completed without completing all necessary procedures, such as various reports and applications under the Building Act until the lawful use thereof, the original acquisitor of the building is performing the procedure, such as changing the name of the owner of the building in the name of the owner of the building, and all kinds of reports and applications remaining under the Building Act.