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(영문) 의정부지방법원고양지원 2020.11.19 2020가단70249
분양권명의이전
Text

1. On September 17, 2019, the Defendant’s right to sell the attached sheet to the Plaintiff, between the Defendant and the Nonparty Co., Ltd.

Reasons

1. On September 17, 2019, the Defendant acquired the right of sale indicated in the attached Form No. D (hereinafter “instant right of sale”) from Nonparty D, the first purchaser of the sale, and followed the procedure for changing the title of sale to Nonparty C.

On November 18, 2019, the Plaintiff confirmed the content of the instant sales right purchase contract with the Defendant through a licensed real estate agent F belonging to the E Licensed Real Estate Agent Office, and deposited KRW 5 million, which is a part of the down payment, into the Defendant’s account.

On November 23, 2019, the Plaintiff and the Defendant concluded the instant sales contract and deposited KRW 5 million, the remainder of the down payment, into the Defendant’s account.

The main contents of the sales contract of this case are as follows.

53,100,00 won loan of KRW 111,20,000 shall be succeeded to by the plaintiff as the buyer.

The remainder of 10,000,000 won for down payment shall be paid on January 7, 2020.

On or around December 27, 2019, the Plaintiff received content-certified mail by “H acting for a corporate team G legal team of the Plaintiff,” which is called the Defendant’s agent. The content of the sales contract of the instant case, which was undertaken on November 23, 2019, is invalid as it was a contract undertaken by another person without the Defendant’s consent and confirmation. The sales contract of the instant case was a contract that was undertaken by the third party without the Defendant’s consent and confirmation. The sales contract of the instant sales right was a contract that was not undertaken by the Defendant himself/herself, and was in progress without the Defendant’s power of attorney, and there was no procedure for confirmation between the parties, such as telephone or face-to-face. Accordingly, the amount deposited for the instant sales contract was expected to be refunded to the Plaintiff’s account, and thus, it was required to request the account information reply by January 5, 2020.”

The Plaintiff sent to the Defendant a message requesting for the change of name on January 7, 2017 at E Licensed Real Estate Agent Office to pay the balance to the Defendant on January 9, 2017, and then sent the message requesting the change of name on that date. On January 7, 2017, the Plaintiff prepared for the balance payment to his national bank account, and then was working for the Defendant at the E Licensed Real Estate Agent Office at the E Licensed Real Estate Agent Office.

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