분양계약명의변경청구의 소
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Defendant is a buyer who purchased apartment units listed in the attached list in the execution of C Co., Ltd.
(hereinafter the Defendant’s right to sell the above apartment unit (hereinafter “instant right to sell the apartment unit”). In order to sell the instant right to sell the apartment unit, the Defendant requested E Licensed Real Estate Agents of D real estate to sell the sales right.
B. In order to purchase the right to sell the above apartment, the Plaintiff was contacted by G of the F Authorized Brokerage Office with a real estate agent having the right to sell the apartment.
C. On September 12, 2018, E: (a) concluded a sales contract for the instant right on October 16, 2018 with the intent to sell a premium of KRW 67,00,000 to the Defendant for purchase of the instant right by telephone and text message; and (b) concluded a sales contract on the instant right on October 16, 2018 with the intention to conclude the sales contract on the instant right; (c) received a copy of identification card and an account number from the Defendant as text message and again delivered it to G.
G sent to the Plaintiff on the same day a text message “Hho, P 67 million won, post office IB, and stamp tax sales burden” with a copy of the Defendant’s identification card attached, and the Plaintiff wired KRW 5 million to the Defendant’s account on the same day.
E. E sent a text message to the Defendant, “J apartment H H 651,30,00 won, options 10,900,000 won, P67,000,000 won (report 100%), and the stamp tax 1.5 million won,” and notified the Plaintiff of the fact that the Plaintiff transferred the text message to G, he received the copy of the instant sales contract and the options contract from the Defendant and sent the text message to G. On the same day, G sent a copy of the instant sales contract and the options contract as text messages to the Plaintiff.
F. On September 17, 2018, the Plaintiff additionally transferred KRW 5 million to the Defendant’s above account.
G. On September 19, 2018, the Defendant, “Plaintiff” and the Defendant, while negotiating the sales of the instant sales right.