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(영문) 제주지방법원 2016.05.12 2015가합1143
부당이득금반환
Text

1. The Defendants shall implement the procedure for changing the name of the owner with respect to the building permit stated in the attached list to the Plaintiff.

2...

Reasons

1. Determination as to the cause of claim

A. The following facts do not conflict between the Plaintiff and the Defendant B, and the Plaintiff and the Defendant C may be acknowledged if the purport of the entire pleadings is added to the respective descriptions of evidence Nos. 1, 2, and 3.

1) On December 22, 2005, the Defendants issued a building permit on the land of Jeju Jeju-gun as indicated in the separate sheet (hereinafter “instant building permit”) to the head of Jeju-gun on December 22, 2005.

(2) On September 5, 2005, Jeju Island was divided into 1,884 square meters before E on September 5, 2005 (hereinafter “instant land”).

3) On September 14, 2010, the registration of ownership transfer was completed for shares in 1223/184 of the instant land on the ground of voluntary auction on September 10, 2010. At that time, there was a building under construction based on the instant building permit. (iv) around September 2010, the Defendants demanded the Defendants to waive the rights to the building under construction and suspend construction works on the instant land, and the Defendants responded thereto.

Around that time, Defendant B prepared a letter stating that “I waives the right to a building constructed on the instant land” to the Plaintiff.

B. In light of the circumstances leading up to the waiver of the rights to a building, it is reasonable to deem that the Defendants agreed to change the name of the Plaintiff and the owner of the building in the future. Therefore, the Plaintiff is obliged to implement the procedure for changing the name of the owner

2. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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