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(영문) 부산고등법원 2018.05.24 2017나57311
명의변경절차이행청구
Text

1. The part of the plaintiff's lawsuit of this case, which is the first preliminary claim again added by the court, shall be dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. From around 2003, the Korea Land and Housing Corporation implemented a district development project for F members of Gangseo-gu Busan (hereinafter “instant development project”) and the housing owned by the Defendant was included in the said project area.

B. On September 25, 2009, the Plaintiff concluded a sales contract with the Defendant for the right to sell the housing site (hereinafter “instant sales contract”) with respect to the housing site to be supplied when the Defendant is selected as a person eligible for supply of the said housing site from the Korea Land and Housing Corporation in the future.

The Plaintiff paid the above purchase price to the Defendant around that time.

C. There is no consent from the Korea Land and Housing Corporation as the implementer at the time of the instant sales contract.

On February 16, 2015, the Defendant was selected as a person to be supplied with a housing site for migrants and entered into a sales contract with the Korea Land and Housing Corporation on March 9, 2015 with respect to the instant real estate at KRW 225,786,00,000.

(hereinafter “instant sales contract”) E.

On March 5, 2015, the Plaintiff remitted 22,578,600 won to the Korea Land and Housing Corporation under the name of the Defendant’s.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, 10, the purport of the whole pleadings

2. Summary of the parties' arguments

A. Plaintiff 1) In the first place, according to the Housing Site Development Promotion Act and the Enforcement Decree thereof, the right to sell housing construction sites supplied according to the implementation of relocation measures can be resold with the consent of the project operator. However, even if the project operator of the instant sales contract without the consent of the Korea Land and Housing Corporation, the said contract is in a state of passive invalidation, and the Defendant is obliged to implement the procedure for applying for the consent to resell so that it can obtain the consent of the Korea Land

(b).

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