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(영문) 수원지방법원 2015.10.15 2014가합15388

분양계약자명의변경절차이행

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1. The defendant receives KRW 2,00,000 from the plaintiff and simultaneously simultaneously receives KRW 2,00,000 from the plaintiff to the plaintiff D 205 Dong 2401.

Reasons

1. The Defendant, on August 28, 2013, sold in lots the supply price of KRW 248,800,000, the supply price of KRW 2401, C district D 205 Dong 2401, which was executed by Hocom Construction Co., Ltd., TS Asset Development Co., Ltd.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The allegations by the parties and the determination thereof

A. The Plaintiff’s assertion 1) On April 16, 2014, through the real estate intermediary E, the Plaintiff’s right to sell a parcel of land from the Defendant as to D 205 Dong 2401 (hereinafter “instant right to sell a parcel of land”).

(2) Defendant E purchased KRW 39,380,000 and paid KRW 37,380,000 to the Defendant. As such, Defendant is obligated to transfer the sales right of this case to the Plaintiff in the name of the Plaintiff at the same time with the payment of the remainder of KRW 2,80,000 from the Plaintiff. (2) Defendant E bears the obligation to transfer the sales right of this case from the Plaintiff to the Plaintiff. Defendant did not sell the sales right of this case on the condition that the Plaintiff, who is the buyer, sold the sales right of this case on June 2, 2014, with the payment of KRW 24,880,00,000 for the sales contract already paid by the Defendant from the Plaintiff, and KRW 12,50,000,000 for the intermediate payment guarantee premium of this case, and KRW 12,380,000 for the intermediate payment guarantee premium of this case.

Therefore, the Defendant did not have a duty to change the sales right of this case to the Plaintiff’s name.

B. Determination is based on the following circumstances: (a) The Plaintiff, as the Defendant’s account, remitted each of the remainder of KRW 10,50,000 among the proceeds from the sales right on April 17, 2014, and KRW 37,380,00,000, the sum of KRW 24,880,000,00 of the down payment, which was already paid by the Defendant on April 30, 2014, and KRW 27,380,00,000, respectively, to the Defendant’s account, (b).