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(영문) 수원지방법원 2018.08.17 2018가단503442
분양권명의변경절차이행 등
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On June 3, 2017, the Plaintiff’s assertion entered into a sales contract with the Defendant to purchase the sales right on the real estate listed in the separate sheet (hereinafter “instant real estate”). On the same day, the Plaintiff paid the Defendant KRW 3 million as the down payment and KRW 10 million as the intermediate payment on June 8, 2017, respectively.

Therefore, the Defendant is obligated to implement the procedure to change the name of the right to sell the instant real estate in the first place to the Plaintiff, and if the sales contract for the instant real estate was not concluded in the first place, or the said sales contract was rescinded by the Defendant’s declaration of intent to cancel, the Defendant is obligated to pay the Plaintiff KRW 63 million in total, including the down payment and intermediate payment, the sum of KRW 13 million received from the Plaintiff, and the amount of damages sustained by the Defendant.

2. In order to establish a contract for determination of the primary claim, there is a need for agreement between the parties on all matters constituting the content of the contract in question, and such agreement on its essential or important matters requires an agreement on standards, methods, etc. which may be specified in detail or at least in the future.

(See Supreme Court Decision 200Da51650 Decided March 23, 2001). Each statement of evidence Nos. 1 through 5, and 16 is insufficient to acknowledge that a sales contract for the instant real estate was concluded between the Plaintiff and the Defendant, and there is no other evidence to acknowledge it. Rather, the following circumstances acknowledged by the purport of the items No. 6, No. 16, and No. 2 of evidence No. 2 and the entire pleadings are as follows: ① The Plaintiff paid KRW 13 million for the purpose of identifying the Defendant’s account number as the down payment and the intermediate payment through the broker, and there is no direct contact with the Defendant.

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