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(영문) 서울남부지방법원 2016.05.13 2015가합111960
건축주 명의변경절차 이행청구의 소
Text

1. The defendant shall have the part of the building permit stated in the attached list, which became the defendant, to the plaintiff.

Reasons

1. Basic facts

A. On December 12, 2011, the Plaintiff and the Plaintiff’s husband B concluded a construction contract (hereinafter “instant contract”) with respect to the construction work of the Defendant and the said construction work (hereinafter “instant construction work”) by setting the construction cost of KRW 3.820,00,000 (excluding value-added tax and input tax) and the term of the contract from December 30, 2012 to March 30, 2014.

B. On December 11, 2012, the Plaintiff agreed with the Defendant to jointly engage in the new construction and sale of the instant building. On December 1, 2012, the Plaintiff, as to the partial shares (3.3/334.7 shares in Suwon-si C, 3.3/154 shares in Suwon-si D, 3.3/154 shares in Suwon-si, and 3.3/67.6 shares in Suwon-si E) of the instant land, the Plaintiff completed the registration of ownership transfer for reasons of sale as of December 10, 2012, and from the Suwon-si mayor on November 26, 2012, the Plaintiff, the husband of the instant land, and the Defendant, as co-owner, were to file an application for change of the owner with the Plaintiff and the Defendant as co-owner. On December 17, 2012, the Plaintiff and the Defendant were issued a completion certificate as co-owner for change of construction participants to the owner.

C. During the process of the instant construction, even if the construction was completed, such as obtaining a building permit for a household less than the originally anticipated number of households, the sale price was anticipated as the sale price, and the Plaintiff and the Defendant agreed to change the use of the instant building from neighborhood living facilities and urban-type residential housing to the living accommodation facilities on July 2013. On October 15, 2013, the use of the instant building was changed from the Suwon Market to the living accommodation facilities, and the size of the building was changed from the second underground and the 11st ground to the second underground and the 14th ground level.

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