수분양자명의변경절차이행청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic facts C Co., Ltd and D Co., Ltd (hereinafter referred to as “C, etc.”) announced the invitation of occupants on August 27, 2015 regarding the apartment of Sejong Special Metropolitan City E, including the following contents, and the Defendant was selected as the occupant of the real estate listed in the attached list (hereinafter referred to as “instant apartment”).
The relevant housing construction area shall have the honor to be non-satisoned districts under Article 41 (1) of the Housing Act.
In relation to prohibition of resale and restriction on resale, this apartment house is subject to the upper price ceiling system under Article 38-2 (1) of the Housing Act, and is prohibited from resale for one year from September 15, 2015 (the date of September 15, 2015) on which it is possible to conclude a housing supply contract for the first time pursuant to Article 41-2 of the Housing Act and Article 45-2 of the Enforcement Decree of
On October 5, 2015, the Defendant concluded a sales contract with C, etc. with the sales price of KRW 360,150,000 for the instant apartment (hereinafter “instant sales contract”). On the same day, the Defendant concluded a contract to expand balcony and other options construction contracts with the construction price of KRW 13,858,00 for construction cost.
[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 and 3, and Eul evidence Nos. 1 and the purport of the argument by the parties concerned in the whole pleadings, the defendant, on October 5, 2015, issued to the plaintiff a written contract of this case, the sales right of this case was transferred to the plaintiff at KRW 65,40,800 (the contract amounting to KRW 36,015,000 for balcony expansion cost of KRW 1,385,800 for balcony expansion cost of KRW 28,00,000 for the above contract amount). On the same day, the plaintiff was paid the total amount of the above money from the plaintiff. On the same day, the plaintiff issued the contract of sales in this case, the balcony expansion and options contract, the options contract, the documents securing rights, the certificate of personal seal impression, the certified copy of resident registration, etc.
Therefore, the defendant is obligated to implement the procedure for changing the name of the buyer in the sales contract of this case to the plaintiff according to the transfer contract of the sales right.
The defendant's summary of the defendant's assertion is F.