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(영문) 부산고등법원 2019.11.07 2019나50727
가등기말소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. A Co-Plaintiff A (hereinafter “A”) in the first instance trial on the contract between A and the Defendant

(A) On October 23, 2014, the construction of the building 1 Dong (A Dong) and 1 Dong (B Dong) of the building 3rd above the E-ground at the time of show to the Defendant on October 23, 2014 (hereinafter “the construction of the building 1 Dong”) is called the instant construction.

(2) From March 15, 2015 to July 15, 2015, the construction period of the building A, the construction price of KRW 476 million (excluding value-added tax), and KRW 562 million (excluding value-added tax) of the construction price of the building B, was determined and awarded a contract. 2) After that, A and the Defendant concluded a contract for the extension of the construction period of the instant construction by September 10, 2015.

A and the Defendant concluded a contract again on September 10, 2015 to extend the construction period of the instant construction by December 31, 2015.

(hereinafter referred to as the “instant contract”). B.

1) On June 30, 2014, A obtained a building permit for a building to be newly built under the name of the owner of the instant construction from the macro-market, which is the owner of the instant construction, and filed a construction report on October 29, 2014 and November 12, 2014, respectively. (2) However, even though A applied for a building permit, it was actually constructed as two buildings of the third floor (A Dong and Dong) in fact, even if it was the two buildings of the third floor (A Dong and Dong), a design was changed to construct three buildings of the third floor and one building of the second floor.

3) On May 27, 2015, A paid KRW 141,350,836 to the Defendant for progress payment of the instant construction project. 4) The instant construction project was interrupted after June 3, 2015.

On May 18, 2018, the Mayor issued the above corrective order on July 4, 2018, and issued the corrective order on September 20, 2018, to the effect that A would be ordered to issue a corrective order, such as removal of a non-compliant building, on the ground that A did not obtain a modified permission while constructing a building after changing the location, structure, and form of the building for which A obtained a building permit.

C. The Plaintiff’s provisional registration of the right to claim ownership transfer on the real estate owned by the Plaintiff, while the Plaintiff March 2015.

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