이주택지분양권 매매계약무효확인
1. Revocation of the first instance judgment.
2. The separate sheet entered between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).
The main lawsuit and counterclaim shall be judged together.
1. The reasons stated in this part of the basic facts are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Summary of the parties' arguments
A. The Plaintiff’s sales contract of this case was concluded before the date of resale as the right to sell the instant case occurred to the Plaintiff, and it was without the consent of the Korea Land and Housing Corporation, which is the project executor, and thus, is null and void pursuant to Article 19-2(1) and (2) of
B. Defendant 1) Since the Korea Land and Housing Corporation, which is the primary claimant for a counterclaim, consented to the instant sales contract, the instant sales contract is valid. Even if the requirements for consent of the Korea Land and Housing Corporation are not satisfied, the instant sales contract is null and void beyond the scope of delegation by the mother law in the main text of Article 13-3 of the Enforcement Decree of the Housing Site Development Promotion Act, as it goes beyond the scope of delegation by the mother law. Therefore, the instant sales contract is valid. Therefore, the Plaintiff is obligated to implement the procedure to change the purchaser’s name on March 4, 2015, which was entered into between the Defendant and the Korea Land and Housing Corporation, to the Defendant as the Defendant. 2) Even if the consent of the Korea Land and Housing Corporation to the instant sales contract is required as the validity of the instant sales contract, the instant sales
Therefore, the Plaintiff is obligated to implement the procedure of applying for consent to resale so that it can obtain consent to resale from the Korea Land and Housing Corporation, and upon the consent of the Korea Land and Housing Corporation of the above procedure, the Plaintiff is obligated to implement the procedure to change the name of the purchaser in the sale contract signed by the Defendant and the Korea Land and Housing Corporation to the Defendant.
3. Second preliminary counterclaims.