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(영문) 전주지방법원 2017.02.10 2015가단22627

수분양자명의변경절차이행

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1. The Defendant: (a) on April 29, 2014, on the real estate stated in the separate sheet to Nonparty C, the Defendant Company and the Defendant.

Reasons

1. In full view of the respective descriptions of Gap evidence Nos. 1 to 6, 8, and 9 (including paper numbers), witness D, E, F, and G’s testimony and arguments, the following facts may be recognized, and each statement of Eul evidence Nos. 1 to 21 (including paper numbers) is insufficient to reverse the recognition, and there is no counter-proof otherwise.

On April 18, 2014, the Defendant won the sales right (hereinafter “instant sales right”) on the real estate listed in the separate sheet (hereinafter “instant real estate”) related to apartment sales business executed by Nonparty Ho-SSS Co., Ltd.

B. On April 18, 2014, the Defendant received KRW 20,000,00 from Defendant D and Nonparty C’s broker E, and sold the instant sales right to the said C.

C. At the time, the Defendant: (a) signed and delivered each of the documents related to the sale and purchase of the instant parcelling-out tickets, such as a pre-sale contract, sales contract, certificate of transaction, certificate of transfer, certificate of renunciation of right, statement of waiver of right, performance letter, receipt, etc., to E, the broker of the above C, with the signature and seal of the seller’s column; and (b) agreed to transfer all of the rights to the instant parcelling-out tickets to the purchaser or the person designated by the purchaser and take necessary measures for the procedure of change of

On April 19, 2014, the Plaintiff paid KRW 24,00,00 to the said C through H and the said C’s broker E, and purchased the instant sales right from the said C, and received each of the documents regarding the sales of the instant sales right.

E. On April 29, 2014, the Defendant entered into an apartment supply contract (hereinafter “instant apartment supply contract”) and a balcony extension contract with respect to the instant real estate.

F. The Plaintiff’s primary down payment of KRW 16,100,000 under the apartment supply contract of this case on April 29, 2014 to the Defendant side through H, E, and D among the above individuals.