분양권명의변경절차이행청구의 소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion E owned a house within the G development project zone for Pyeongtaek-si F members (hereinafter “instant development project”), and the Plaintiff concluded a sales contract with E on the right to sell the housing site for migrants to be supplied by E in the future.
E The Defendants died later, and succeeded to E, and the Defendants concluded a housing site supply contract with the Korea Land and Housing Corporation on the said relocation housing site. The Defendants are obligated to implement the procedures for applying for consent to resale to change the name of the buyer under the housing site supply contract concluded with the Korea Land and Housing Corporation on the said relocation housing site.
2. According to Article 19-2(1) and (2) of the Housing Site Development Promotion Act and Article 13-3 subparag. 1 of the Enforcement Decree of said Act, a person supplied with a housing site developed pursuant to the Housing Site Development Promotion Act may not resell the relevant housing site without using it for the purpose of being supplied by the time of registration of transfer of ownership, and in cases of resale of the housing site in violation of this provision, the relevant legal act is null and void. However, in cases of a housing construction site supplied in accordance with the implementation of relocation measures under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, the said provision may not apply to a
Here, the consent of the implementer is premised on the fact that a housing site supply contract was concluded with respect to the housing site developed in accordance with the Housing Site Development Promotion Act. Thus, the sale contract for the housing site sale right was concluded to resell the housing site to be supplied for the future before concluding the said housing site supply contract.
Even if it is impossible for the implementer to consent to the sale and purchase contract of the housing site, this is null and void, and the seller is also obliged to cooperate in the procedure of "project implementer's consent" regarding the housing site.