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(영문) 서울동부지방법원 2017.11.16 2017가합100602
아파트수분양자명의변경 청구의 소
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1. The Defendant is limited to the Plaintiff’s sale on December 2, 2015 with respect to the real estate indicated in the indication of attached real estate.

Reasons

1. Basic facts

A. On November 2015, the Defendant was selected as the buyer of the real estate indicated in the attachment (hereinafter “instant apartment”) among the Songpa-gu Seoul Metropolitan Government Reconstruction apartment (tentative name D).

The right to sell the apartment of this case (hereinafter referred to as the "right to sell the apartment of this case") was limited to resale for six months from the date of conclusion of the sale contract.

B. However, in November 2015, the Defendant’s father, E (hereinafter collectively referred to as “Defendant”) requested F to resell the instant parcelling-out right to sell the instant parcel-out right to the buyer introduced by F on November 29, 2015, and agreed to sell the instant parcel-out right to KRW 12 million to F.

C. On November 29, 2015, H, a licensed real estate agent operating the “G Licensed Real Estate Agent Office,” sent KRW 12 million to the Defendant by stating the deposit money as “I and 1”.

Since then, the defendant demanded to increase the purchase price, and accordingly, 2 million won was additionally remitted to the defendant from the account in the name of I on December 1, 2015.

On December 2, 2015, the Defendant concluded a sales contract under which the Defendant purchased the instant apartment in the supply price of KRW 1,047,600,00 (hereinafter “instant sales contract”).

[Ground of recognition] Evidence Nos. 5, 16 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that, on December 2, 2015, the Defendant purchased the instant sales right from the Defendant as a broker of J, H, I, etc., to KRW 14 million, the Defendant asserts that the Plaintiff should implement the procedure for changing the name of the seller for sale on the grounds of the said sale.

As to this, the defendant is not the plaintiff but I, and the plaintiff is I, H, and J.

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