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(영문) 수원지방법원 2020.01.08 2019가합12711
분양권명의변경
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant and C District Treasury Maintenance and Improvement Project Association.

Reasons

Basic Facts

A. On June 8, 2017, D Co., Ltd. supplied by C District Financial Support Project Cooperatives, and announced the invitation of occupants on the F apartment constructed by the said Company and E Co., Ltd.

The above invitation announcement states that the resale is prohibited for one year and six months from June 27, 2017, on which it is possible to enter into a housing supply contract for the first time pursuant to Article 64 of the former Housing Act (amended by Act No. 14866, Aug. 9, 2017; hereinafter the same shall apply) and Article 73(1) of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 28182, Jul. 11, 2017; hereinafter the same shall apply).

B. The Defendant applied for the purchase of a house in accordance with the above public offering notice, and on June 22, 2017, acquired the ownership of the real estate listed in the separate sheet (hereinafter “instant apartment”) on the real estate (hereinafter “instant apartment”).

C. After that, the Defendant requested G, a real estate broker, to receive a premium and resell the sales right of this case. D.

The Plaintiff, as the introduction of G, intended to purchase the instant purchase of KRW 8,00,000,000, and H, the Plaintiff’s spouse, deposited KRW 2,000,000 in the Defendant’s bank account on June 26, 2017. On June 27, 2017, H paid KRW 6,00,000 to G, and the Plaintiff paid KRW 53,300,000, out of the supply price of the instant apartment, to the account in the name of the C District Finance and Improvement Project Association, on behalf of the Defendant.

E. On June 28, 2017, the Defendant entered into a contract with a district finance promotion and maintenance project association to supply the instant apartment at KRW 533,000,000 (hereinafter “instant supply contract”).

Article 5 of the supply contract of this case provides for the resale of the right to sell in lots as follows:

Article 5 (Resale of Ownership) (1) The sales price of the apartment shall be the apartment.

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