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(영문) 부산지방법원동부지원 2020.10.22 2019가합66
분양계약자명의변경절차이행
Text

As to the Plaintiff’s share of Defendant (Appointed Party) and the appointed parties C, D, and E among the real estate listed in the attached Form 2/11, respectively.

Reasons

1. Basic facts

A. On August 29, 1981, G (HG) concluded a sales contract with the content that the real estate indicated in the attached Form I (hereinafter “instant real estate”) scheduled to be newly built on the land of Busan and Busan, Daegu, and four parcels of land (hereinafter “instant real estate”) will be sold to 6,950,000 won for the sale price.

B. G died on November 15, 1990 (hereinafter “the deceased”), and on the part of the deceased’s spouse, G jointly succeeded to the deceased’s property at the ratio of 3/11 shares, and the ratio of 3/11 shares, the Defendant (the appointed party; hereinafter “Defendant”) and the appointed party C, D, and E at the ratio of 2/11 shares, respectively.

(hereinafter referred to as “Defendant, etc.” in combination with the designated parties including the Defendant). [Grounds for recognition] without dispute, entry of Gap evidence No. 1, and the purport of the whole pleadings.

2. The parties' assertion

A. On June 13, 1989, the Plaintiff’s assertion entered into a sales contract with the Deceased to purchase the ownership of the instant real estate in KRW 14,700,000 (hereinafter “instant sales contract”). On the same day, the Plaintiff paid the Deceased the purchase price in full pursuant to the instant sales contract. As such, the Defendant, a co-inheritors of the Deceased, is obligated to perform the procedures for changing the name of the buyer for the instant real estate as the cause of the instant sales contract.

B. The Plaintiff asserted by the Defendant et al. is not obliged to implement the procedure to change the name of the buyer for the instant real estate since the Plaintiff failed to prove all the fact of the conclusion of the instant sales contract and the fact of payment of the purchase price.

3. The key issue of the instant case is whether the instant sales contract was concluded between the Plaintiff and the Deceased on June 13, 1989, and in light of the fact that no sales contract, etc. was made between the Plaintiff and the Deceased on the conclusion of the instant sales contract, and no evidentiary document, such as receipts on the receipt of the price pursuant to the instant sales contract, exists, the Plaintiff and the Deceased.

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