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(영문) 수원지방법원 안산지원 2018.08.28 2017가단52798
수분양자명의변경
Text

1. The Defendant is limited to the Plaintiff on April 7, 2016 with respect to the apartment registered in the attached list.

Reasons

1. Facts of recognition;

A. On December 30, 2015, the Defendant entered into an apartment supply contract with C with the content that the purchase price of the apartment as stated in the attached Table (hereinafter “instant apartment”) is KRW 463 million and the scheduled occupancy price is around December 2018, with respect to the apartment as stated in the attached Table C (hereinafter “instant apartment”).

(hereinafter) The right to sell the apartment of this case under the above contract is referred to as the “right to sell the apartment of this case. The prohibition period of resale of the right to sell the apartment of this case is the end of December 2016.

B. On April 7, 2016, the Defendant issued to D a licensed real estate agent D conducting the resale of the sale right of this case with a blank space for the buyer’s column and with a seal affixed only by the Defendant’s seal affixed to the seller column, the sales contract and the documents in blank (the purchase contract, receipt, promissory note, certificate of transaction of goods, transfer angle, statement of waiver of rights, statement of performance, special agreement, designated acceptance agreement, letter of delegation, statement of transaction of real estate, etc.; hereinafter “the documents in this case”) and received KRW 75,870,520 in total from D as the down payment and resale right paid by the Defendant for the past.

C. On April 7, 2016, the Plaintiff agreed to purchase the instant apartment with D, and paid D totaling KRW 75,870,520 on April 29, 2016 and May 2, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, and purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff purchased the instant apartment tickets from the Defendant through the Plaintiff D, and the Defendant is obligated to implement the procedure for changing the name of the buyer on the instant apartment.

B. In order to establish a sales contract on the instant sales right, the payment obligor and method of part payments, and the payment for part payments to be appropriated by financial institutions loans, the guarantee insurance premium for part payments, payment obligor and method of interest, the timing and method of implementation of change in the name of the buyer, and the procedure for change in the name of the buyer.

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