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(영문) 서울중앙지방법원 2011.06.14 2010가합72941
건축주명의변경절차이행
Text

1. The Defendants are in the name of the owner of the Defendants on the report on extension, etc. and the report completion certificate.

Reasons

The following facts are acknowledged as the existence of obligation to implement the procedure for change in the name of the owner, or may be acknowledged by taking into account the following facts: Gap's evidence 1 through 3-4, Gap's evidence 6, and 7, and the whole purport of pleadings:

The Defendants and Non-Party E, each of the 1/3 co-ownership rights holders of the underground floor and the 6th floor of the ground (a total of 2,092.81 square meters, hereinafter “the existing building of this case”) on the land outside Seongbuk-gu Seoul, Seongbuk-gu, and completed the extension report [G] on the aggregate of the 2,102.34 square meters of the extended area extending over the 2,102.34 square meters (hereinafter “the extended building of this case”) to the head of Seongbuk-gu around November 11, 1993. The Defendants and Non-Party E, from among the extended objects of this case, completed the extension construction of the extended object of this case on April 1, 1994, submitted a report completion certificate as stated in the attached Form as “the extension report, etc.” to the head of Seongbuk-gu Office on the ground and received the “the extension report, etc.” on March 11, 1998.

(2) At present, the instant extension is unregistered on the ground of a violation of the Building Act, such as construction line intrusion in the process of the extension work, infringement of right to sunshine, etc.

The Defendants entered into each contract with the Plaintiff on February 20, 209 on the share of the instant extended object between the original Defendant and the Plaintiff on the title “a sales contract for the extension of an unregistered real estate”. The Defendants entered into a contract with the Plaintiff on February 20, 209 to sell the Plaintiff at KRW 80 million at KRW 50,60 of the share of the instant extended object (hereinafter “instant sales contract”) (hereinafter “instant sales contract”), and certified as the head of Seocho Law Firm, etc. on the same day as to the instant sales contract. The main contents of the instant sales contract are as follows.

▷ 매매목적물 : 이 사건 증축물 중 5층 60평, 6층 40평 등 총 100평 원고가 기존에 피고들로부터 임차하여...

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