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(영문) 부산고등법원(창원) 2016.07.14 2015나21854
건축주명의변경절차이행의청구
Text

1. The part against Plaintiff A in the judgment of the first instance is revoked.

2. The Defendants are related to the buildings listed in the separate sheet.

Reasons

1. The Plaintiffs asserted that the Defendants, P, Q, R, S, and T (hereinafter “the Defendants, etc.”) contracted for the construction of 13 new houses owned by the Defendants, etc. on the ground of the land owned by the Defendants, etc., and the Defendants, etc. did not pay the construction cost, the Defendants, etc. entered into an agreement, etc. on October 1, 2013 to add the construction work and make a definite payment of the construction cost, and the Defendants, etc. did not pay the construction cost, the Defendants, etc. agreed to change the name of the owner of the instant building to the Plaintiff A (hereinafter “instant agreement”).

In accordance with the instant agreement, although Plaintiff A continued the new construction until May 2014, the Defendants et al. did not pay the construction cost properly. Accordingly, the Defendants are obligated to cooperate in the procedure for changing the name of the owner in the remaining Plaintiffs as instructed by Plaintiff A and Plaintiff A pursuant to the instant agreement.

2. Determination as to the cause of action

A. The transferee of a building under construction without completing the procedures for various reports, applications, etc. under the Building Act, and for which registration of ownership preservation has not been completed, needs to change the name of the building owner in order to continue the construction after reporting, etc. to the administrative agency necessary for the progress of the construction. Since it is necessary to change the name of the building owner even in order to apply for registration of ownership preservation in the name of the transferee by registering the building as the owner in the building management ledger after completion inspection, it is necessary to obtain a judgment in lieu of such expression of intent if the transferor of the building

(See Supreme Court Decision 2006Da28454 Decided March 12, 2009, etc.). B.

In fact recognition 1) The Defendants, etc. holding a building permit under the name of the Defendants, etc., on March 20, 2012, the Defendants, etc. are 2,939 square meters of U forest, 52,437 square meters of forest, 1,713 square meters of W forest, 1,719 square meters of X forest (hereinafter “each of the instant land”).

One-seven percent of the shares of each party shall be the same.

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