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(영문) 대법원 2009. 11. 26. 선고 2009두14064 판결
아파트 분양 당첨일을 취득시기로 보아야 한다는 주장의 당부[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2008Nu37741 (Seoul High Court 2009.06.30)

Case Number of the previous trial

Examination Transfer 2007-0186 ( December 24, 2007)

Title

The legitimacy of the assertion that the winning date of apartment sale should be the time of acquisition.

Summary

The assertion that the time of the winning sale of apartment should be the time of acquisition is only applicable to the case where the person who entered into a contract for the sale of real estate transfers the right to the contract concerned (so-called the resale of the right to sell apartment, not to the transfer of the right to sell apartment, and transfers it

The decision

The contents of the decision shall be the same as attached.

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent

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