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(영문) 대전지방법원 2018.05.09 2017가합104228

분양계약자명의변경절차이행

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1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The relevant housing construction area ( Sejong Special Self-Governing City) shall have the honor to non-performance districts under Article 41 (1) of the Housing Act.

This apartment house is a house 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 the date it is possible to conclude the first supply contract under Article 41-2 of the Housing Act and Article 45-2 of the Enforcement Decree of the Housing Act ( May 5, 2015).

(hereinafter hereinafter) This apartment house is supplied on a public housing site pursuant to Article 38-2(4) of the Housing Act, and the sale price is disclosed in accordance with the items publicly notified.

C On April 16, 2015, Sejong Special Self-Governing City publicly announced the recruitment of occupants with respect to D apartment units, including the following contents, and the Defendant was selected as residents of the apartment units listed in the separate sheet (hereinafter “instant apartment units”) in the above recruitment procedure.

On May 8, 2015, the Defendant concluded a sales contract (hereinafter “instant sales contract”) with C Co., Ltd. with the selling price of KRW 218,200,000 for the instant apartment as KRW 21,820,000, and paid KRW 21,820,000 to C Co., Ltd. as down payment.

On May 2015, the Defendant entered into a contract with the Plaintiff that “The Defendant transferred the right to purchase the instant apartment at KRW 11 million to the Plaintiff, and then changed the name of the party who finally holds the documents issued to the Plaintiff” (hereinafter referred to as “instant contract for the transfer of the right to purchase the instant apartment at the site of the apartment model”).

The Plaintiff paid KRW 32,820,00,00,000, plus KRW 21,820,000,000 as down payment paid by the Defendant to C Co., Ltd. according to the instant contract for the transfer of ownership, and the Defendant issued to the Plaintiff a sales contract form, balcony expansion and separate item contract, a letter of waiver of apartment rights, and a letter of performance.