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(영문) 서울서부지방법원 2020.11.11 2019가합40041

소유권이전등기

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The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 24, 2016, C Housing Redevelopment Project Association announced a public announcement of invitation of invitation of residents on the ground E apartment units on the ground of Mapo-gu Seoul Mapo-gu Seoul Mapo-gu Seoul, and the defendant applied for a public sale of apartment units, and was selected as residents on December 8, 2016.

B. On December 15, 2016, the Defendant entered into a contract with the said association to be supplied with KRW 756,000,000 (hereinafter “instant apartment”) for real estate listed in the attached list with the said association (hereinafter “instant apartment”).

C. The public announcement of invitation of invitation of invitation provides that "Seoul Mapo-gu is an over-concentration control region, and this apartment is prohibited from resale for one year and six months from the date it is possible to conclude the first house supply contract pursuant to Article 64 of the Housing Act and Article 73 of the Enforcement Decree of the Housing Act" with respect to the resale of the right of sale in lots. Article 4 (1) of the supply contract of this case provides that "The resale of the right of sale in lots is possible within the extent permitted by the relevant laws and regulations at the time of resale, and the association and the F corporation must obtain approval therefor."

On December 15, 2016, the Plaintiff was issued with a certificate of personal seal impression issued on December 15, 2016, when the Defendant signed and sealed by the Defendant, the sales contract for apartment purchase, special terms and conditions, performance notes, certificates of waiver of rights, transfer notes, written consent for real estate trade, written consent for the waiver of inheritance rights and joint performance notes, written confirmation of transaction, written confirmation of transaction transactions, written report of real estate transaction contract, and written delegations.

The sales contract, etc. of the apartment sale right was a public column so that it can be completed by supplementing the public column after the period of prohibition of transfer of the right to sell the apartment.

E. The Plaintiff, using G’s account, remitted each of KRW 30,000,000 as the virtual account as indicated in the instant supply contract, and KRW 45,60,000 as the down payment on December 15, 2016, and KRW 45,60,000 on January 16, 2017.

F. On August 16, 2019, the Plaintiff supplemented the documents received as above and made the purchaser as the Plaintiff.