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(영문) 수원지방법원 2018.11.28 2018구합70272

사업시행자동의무효 확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Case history

A. The Plaintiff was sold by the Defendant real estate indicated in the annexed real estate list (hereinafter “instant housing site”) pursuant to the Housing Site Development Promotion Ordinance.

B. Attached 1 Nonparty List B and C (hereinafter collectively referred to as “instant buyers”) filed a claim against the Plaintiff for the execution of the procedure for change of the name of the purchaser under the sales contract concluded with the Defendant regarding the instant housing site (U.S. District Court Decision 2016Kadan45439) with the Plaintiff on December 21, 2016, which included the following (hereinafter “instant adjustment”) among the Plaintiff and the instant buyers on December 21, 2016 while the said lawsuit is pending.

1. At the same time, the Plaintiff received 20 million won from the instant purchaser, and at the same time implemented the procedure by changing the name of the buyer (Buyer) in the sales contract concluded with the Defendant regarding the instant housing site into that of the instant purchaser.

3. The Plaintiff’s status as the buyer of the instant housing site is as follows: KRW 74.6 million paid to the Defendant by the buyer of the instant housing site; and the buyer of the instant housing site succeeds to the Plaintiff’s status as the buyer under the sales contract stated in paragraph (1).

4. It is confirmed that the sales price between the instant buyer and the Plaintiff is KRW 125 million and that the sales price is KRW 125 million, and it is stamped as a sales contract stating the above sales price.

C. On January 13, 2017, the Plaintiff prepared a sales contract on the instant housing site with the instant buyer on January 13, 2017, and prepared a contract on succession to rights and obligations with the instant buyer on January 18, 2017, and filed an application for change of name with the Defendant, and the Defendant consented to the sales contract on the instant housing site between the Plaintiff and the instant buyer.

[Ground of Recognition] Unsatisfy, Gap evidence No. 3, Eul No. 1 and No. 1.