수원지방법원성남지원 2015.09.10 2015가합202854



1. The Defendant is limited to the Plaintiff on July 4, 2013 with respect to the apartment recorded in the attached list.


Basic Facts

On July 4, 2013, the Plaintiff purchased at KRW 40,000,00 (hereinafter “instant apartment”) the right to purchase an apartment as indicated in the attached list (hereinafter “instant apartment”) from the Defendant, and paid KRW 10,000,000 to the Defendant’s bank account on the same day, and KRW 30,000,000 as a check on July 9, 2013.

On July 9, 2013, the Defendant entered into a housing supply contract with Samsung C&T Co., Ltd. to supply the instant apartment in KRW 799,800,000 (hereinafter “instant supply contract”).

[Reasons for Recognition] The descriptions of Evidence Nos. 1, 3, 5, 11, and 12, the witness C's testimony, and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant, the seller of the right to purchase apartment of this case, is obligated to implement the procedure for changing the name of the buyer on July 4, 2013 regarding the apartment of this case, to the Plaintiff, the buyer of this case.

B. The defendant's assertion 1) The defendant asserted that the apartment of this case can not resell the house or status before the expiration of a certain period of resale under Article 41-2 of the Housing Act, and the supply contract of this case also provides that the act of resale is a cause for cancellation of contract. Articles 33, 38 (2) and 48 subparagraph 3 of the Licensed Real Estate Agents Act prohibit the act of mediating sale, exchange, etc. of certificates, etc. related to the sale, lease, etc. of real estate, the offering of which is prohibited from transfer, good offices, etc. under the related Acts and subordinate statutes, and allow the violator to cancel the registration of establishment of the brokerage office, and the violator shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 20 million won. The sale of this case is for tax evasion or illegal acts, and is null and void as an anti-social law act that disturbs the order of real estate transaction.