수분양자명의변경절차 이행청구의 소
1. The plaintiff's claim against the defendant B is dismissed.
2. The plaintiff's lawsuit against the Korea Land and Housing Corporation.
1. Basic facts
A. The 35.82 square meters in Gyeonggi-do’s wooden tank and roof single-story housing, and the 24.72 square meters in the string roof housing, which are owned by Nonparty D (hereinafter “instant housing”) were included in the project area of the F&A project in which the Defendant Korea Land and Housing Corporation is in force.
B. On October 6, 2014, the Plaintiff entered into a sales agreement with D to purchase the ownership of the housing site for migrants to be supplied by the implementer if D is selected as a person eligible for the supply of the housing site for migrants in the future (hereinafter “the ownership of the instant housing site”), and paid all the purchase price on the date of the contract (hereinafter “the sales agreement of the instant housing site”). At the time, the Plaintiff did not obtain consent from the implementer for the sales agreement of the instant housing site.
C. D died on August 2015, and Defendant B completed the registration of ownership transfer on August 31, 2015, based on inheritance by consultation and division regarding the instant housing.
On May 18, 2016, Defendant B was selected as a person eligible for supply of the said development project’s housing site, and entered into a sales contract with the Defendant Korea Land and Housing Corporation on May 18, 2016 to be supplied with approximately 219.0 square meters of the housing site for migrants of Pyeongtaek-si in Gyeonggi-do (joint use of stores) (hereinafter “instant sales contract”).
[Ground of recognition] The fact that there is no dispute, Gap 1 or 9's statements (including additional numbers), the purport of whole pleadings
2. Determination as to the cause of claim
A. The Plaintiff asserts that the claim against Defendant B is the cause of the instant claim, and that Defendant D’s heir, the Plaintiff, is obligated to perform the procedure of change of name from Defendant B to the Plaintiff.
However, according to Articles 19-2 and 31-2 of the former Housing Site Development Promotion Act (amended by Act No. 10303, May 17, 2010; hereinafter “Housing Site Development Promotion Act”), those who received the supply of housing sites created under the Housing Site Development Promotion Act.