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(영문) 광주지방법원 2019.10.08 2018가단531705

조합원명의변경절차이행 등

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1. The primary plaintiff's claim is dismissed.

2. The Defendant’s conjunctive Plaintiff KRW 93,000,000 and the Plaintiff’s ancillary costs on January 2018.

Reasons

1. Facts of recognition;

A. On September 15, 2015, the Defendant subscribed to the D Association as a member, and had the said Association purchase an apartment Fhoe constructed in the Seo-gu Eth (hereinafter “instant apartment”) from the said Association.

B. On June 15, 2017, the conjunctive Plaintiff (hereinafter “Plaintiff”) concluded a sales contract for the right to sell the instant apartment from the Defendant to the price of KRW 93 million (hereinafter “instant contract”) and paid the price to the Defendant.

C. When entering into the instant contract with the Plaintiff B, the Defendant agreed to compensate the Plaintiff B for the share of the purchase price received from the Plaintiff B in the transfer of the right to the instant apartment.

Plaintiff

B, with the cooperation of the defendant, filed an application for the change of the name with respect to the apartment of this case with the name of the member who is the defendant as the plaintiff B, but the plaintiff B was found to lack of qualification as the member of the association and became unable to succeed to the rights and duties.

E. As seen earlier, Plaintiff B and the Defendant promised to invalidate all succession of rights and obligations when one of the transferor and transferee is found disqualified.

F. On September 4, 2018, Plaintiff B transferred the right to sell the instant apartment to Plaintiff A (hereinafter only referred to as Plaintiff) on the same day. On September 7, 2018, Plaintiff B notified the Defendant of the right to sell the instant apartment, and demanded Plaintiff A to change the name of the association member with respect to the instant apartment.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2, and 2-1 to 6, Eul evidence 1, 2-1, and the purport of the whole pleadings

2. The part of the primary plaintiff's claim

A. The summary of the Plaintiff A’s assertion