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(영문) 의정부지방법원고양지원 2017.05.19 2016가합1960

아파트수분양자명의변경절차 이행

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 12, 2015, the Defendant concluded a sales contract with C (hereinafter “C”) and C to purchase KRW 365,00,000 for the supply price of the apartment units, which is one unit, 706 Dong-dong 803 (hereinafter “instant apartment units”) among those to be constructed within Goyang-gu E in Goyang-gu, Yangyang-gu.

B. On the same day, the Defendant sold to F the Plaintiff’s mother via the Defendant’s mother the right to sell in lots (hereinafter “instant right to sell in lots”) at KRW 5,00,000.

The Defendant received KRW 5,00,000 from F on the same day pursuant to the above sale contract for the sale of the right to parcel out (hereinafter “the sale contract of this case”), and issued F with a signature and seal affixed by the Defendant on the seller’s column, and attached a certificate of personal seal impression as to the remaining matters stated in the same letter. The Defendant received KRW 5,00,00 from F on the same day (hereinafter “the sale contract of this case”). The real estate sales contract, performance note, certificate of transaction, certificate of collateral security contract, certificate of waiver of right, statement of renunciation of right, transfer, awareness of renunciation of right, and statement of waiver of right to parcel out and joint performance; and the seller’s column.

The seller and the buyer promise to sell and purchase the above-mentioned objects, to implement the transfer of ownership in good faith, and to clarify the contents of this commitment and to take the above evidence thereafter, the seller and the buyer shall prepare a statement of performance signed and sealed by each person and keep one copy of each other in order to keep the same evidence.

When the transfer of ownership of the above property is possible, the seller of Article 2 promises to immediately implement the procedure for the transfer of ownership to the buyer or to the person designated by the buyer, without making any separate claim for money regardless of the fluctuation of market price.

Since the seller sells the above object to the buyer, the buyer is recognized as the actual owner of the above object.