분양권자명의변경절차이행의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 10, 2015, the Defendant is called as “the instant apartment” from the C Co., Ltd. and D Co., Ltd., the real estate indicated in the list of the E apartment units E in Sejong Special Self-Governing City, and “the apartment”
The sales contract of this case is "the right to purchase the apartment of this case according to the sales contract of this case" and "the right to purchase the apartment of this case" is "the right to sell the apartment of this case".
In the public announcement of the instant apartment, the details on the restriction on resale rights are written as follows. The relevant housing construction area ( Sejong Special Self-Governing City) is subject to the application of the upper limit system for selling prices provided for in Article 41(1) of the Housing Act. This apartment is subject to the application of the upper limit system for selling prices provided for in Article 38-2(1) of the Housing Act and Article 45-2 of the Enforcement Decree of the Housing Act, which is prohibited from resale for one year from the date ( September 15, 2015) on which the first contract for housing supply can be concluded pursuant to Article 41-2 of the Housing Act and Article 45-2 of the Enforcement Decree of the Housing Act (hereinafter omitted. This apartment is supplied in the public housing site pursuant to Article 38-2(4)
B. On September 10, 2015, the Defendant issued a letter of delegation, promissory notes, a certificate of renunciation of apartment rights, a certificate of fact of transactions, a certificate of joint and several sureties and a certificate of renunciation of inheritance, a letter of performance, etc., hereinafter referred to as “documents of this case”) with the Defendant’s seal affixed only to the seller’s column with the Defendant’s seal affixed to G as the buyer’s column.
(C) The defendant delivered the instant apartment on July 17, 2018, which was in the process of the instant lawsuit. The defendant completed the procedure for ownership transfer registration in its name with respect to the instant apartment on July 17, 2018.
2. The parties' assertion
A. The Plaintiff’s assertion is through G on September 25, 2015.