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(영문) 서울동부지방법원 2017.11.30 2017가합101155

아파트수분양자명의변경 청구의 소

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1. As to the real estate stated in the attached list to the Plaintiff, the Defendant is on the ground of sale on December 10, 2015.

Reasons

Basic Facts

On December 3, 2015, the Defendant entered into a sales contract (hereinafter “instant sales contract”) with C Apartment Housing Reconstruction Project Association (hereinafter “Union”), Hyundai Industrial Development Co., Ltd., Hyundai Construction Co., Ltd., and Samsung C&T Co., Ltd. (hereinafter “Co., Ltd.”) with the content that the Defendant would sell real estate listed in the separate sheet (hereinafter “instant apartment”) at the supply price of KRW 1.27,64 million (hereinafter “instant sales contract,” and the right to sell the apartment of this case following the said sales contract (hereinafter “instant sales contract”). On the same day, the Defendant paid KRW 6382,000,000 as the first sales contract under the said sales contract to the Association.

The Defendant decided to sell the instant sales slip through D, a licensed real estate agent, and received 5 million won as a down payment following the sale of the said sales slip, on December 7, 2015, from one’s bank account under his/her name.

E received the power of representation from the Defendant on the sale of the instant right to sell, and on December 10, 2015, at the Licensed Real Estate Agent Office operated D’s office, affixed the Defendant’s seal impression on the seller’s column of the documents for securing rights necessary for changing the name of the instant right to sell (hereinafter “documents for securing rights of this case”). At the time, the buyer’s column in the documents for securing rights was blank.

Furthermore, upon receiving KRW 18.82 million from D on the same day, E prepared a receipt to the effect that prior to the above amount, the Defendant was paid KRW 11,382,000,000,000,000,000,000,000 won, which was remitted, as the purchase price of the instant parcelling-out right. However, E left the blank column of the receipt.

E returned the above 11,3820,000 won to D before December 16, 2015.

[Grounds for Recognition] Unsatisfy, and the entry of Gap evidence 3, 4, and 5 shall include the number.