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(영문) 수원지방법원평택지원 2017.11.29 2017가합8694

소유권확인

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

(a) The Korea Land and Housing Corporation has implemented the E-district development project in Pyeongtaek-si D, and the Plaintiff-owned housing was included in the project area;

B. In around 2009, the Plaintiff entered into a sales contract with the needy and the Plaintiff, which sells the sales right of the housing site to be supplied (hereinafter “instant sales right”) when the Plaintiff is selected as a person eligible for the supply of the said housing site (hereinafter “instant sales contract”).

The Plaintiff prepared and delivered a sales contract, receipt, transfer note, performance note, and a written application for change of name, etc., in which the indication of real estate subject to sale and purchase, amount of the purchase price, purchaser column, etc. are recorded in the blank.

The Defendants directly purchased the instant sales right from the person in question or from the subsequent purchaser, and received delivery of all the documents related to the said sales.

C. Around 2015, the Plaintiff was selected as a person eligible for the supply of the said development project’s housing site, and as a result, the instant real estate was identified as being supplied.

On May 23, 2016, the Plaintiff paid a sales price of the instant real estate between the Korea Land and Housing Corporation on 290 million won, and in the case of a multi-resident housing site, the sales price is relatively low because it is supplied at the cost of creation excluding the cost of basic living facilities at the cost of creation;

The contract deposit (10% of the purchase price) was paid in advance of the contract, and the remainder of the purchase price was concluded to make an equal payment six times every six months from the contract date.

(A) The date of the first intermediate payment payment is November 23, 2016. The payment date of the remainder is May 23, 2019.

After the conclusion of the instant sales contract, the Defendants presented to the Plaintiff documents related to sales prepared by the Plaintiff at the time of the instant first sales contract, and demanded the Defendants to change the name of the buyer in the future.