분양대금반환 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On January 2, 2012, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 90,000,000 (hereinafter “instant purchase contract”). Accordingly, the Plaintiff paid KRW 90,00,00 to the Defendant.
After that, the passenger house construction company, which was a selling company of the apartment of this case, was changed to ELC Construction Co., Ltd.
On August 13, 2013, between D and LC Construction Co., Ltd., the Plaintiff’s wife, written a sales contract with KRW 151,645,00 as to the instant apartment 903, stating that the sales contract was made in the amount of KRW 151,645,00, and that is, the contract was made in the form of “a confirmation that the total amount of the sales
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 8, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion (i.e., the Plaintiff purchased the instant apartment ownership from the Defendant, and the Plaintiff did not recognize the Plaintiff’s right to purchase the instant apartment ownership. The Defendant did not implement the procedure for changing the name of the Plaintiff’s right to purchase the instant apartment ownership. Ultimately, the Plaintiff’s obligation to transfer the instant apartment ownership was not currently impossible due to the bankruptcy of LC Construction Co., Ltd., and the Defendant is obligated to return the purchase price of KRW 90,000,000 to the Plaintiff.
The execution of the instant sales contract between the Plaintiff and the Defendant was completed.
B. The main purpose of the sales contract, the object of which is the right of sale, is to have the buyer acquire the ownership of the object based on the right of sale, so the seller is obligated to allow the buyer to acquire the ownership of the object based on the right of sale.