수분양자지위부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. Re-security oil Co., Ltd. (hereinafter “re-security oil”) is the executor of the instant project (hereinafter “instant project”) that newly constructs and sells C (hereinafter “the instant building”) on the land outside B and five parcels of land in Yancheon-si, and the Plaintiff is a contractor awarded a contract for the construction of the instant building from re-security oil on March 28, 2003.
B. 1) On May 3, 2004, the Defendant entered into a contract with 3079 square meters on the third floor of the instant building (10.04 square meters of supplied area, 0.9 square meters of site area) on the purchase of 49,513,000 won between the Plaintiff and the re-security oil. On July 9, 2004, the Defendant entered into a contract with 3080 square meters of the instant building (10.04 square meters of supplied area, 0.9 square meters of site area) with the supply amount of 49,513,00 won (hereinafter referred to as the “instant sales contract”).
According to the instant sales contract, the Defendant paid KRW 9,903,00 as down payment at the time of the contract, the intermediate payment to KRW 4,951,00 each five times, and the remainder to KRW 14,854,00 on the date of the designation of occupant occupants. The key contents of the instant sales contract are as follows. Article 1 (Supply Price and Payment Method) Re-paid Property shall be supplied under the following methods, and the Defendant shall pay the relevant amount to re-paid property. 5. The date of payment of the remainder is the date of payment of re-paid property in writing separately.
1. The defendant shall pay the sale price, late payment, management fee, advance payment, etc. in full, and apply for delivery of documents for transfer of ownership to re-security oil within one month from the date the public book for re-security is completed, and shall complete transfer of ownership at the defendant's expense within 60 days from the date the application for transfer of ownership is possible.
Article 8 (Entry Points and Business)
2. To notify the Defendant of the designation of the occupant by mail not later than 30 days before the date of the designation of the occupant.
Article 15 (Termination of Contract)
1. Re-security shall be any of the following acts for the management of a contract: