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(영문) 서울중앙지방법원 2016.05.24 2015가단5370808
수분양자명의변경이행청구
Text

1. The defendant shall execute the procedure for changing the name of the buyer with respect to the real estate stated in the attached list to the plaintiff.

2...

Reasons

1. Basic facts

A. On July 29, 2014, the Defendant concluded a sales contract (hereinafter referred to as the “sale contract in this case”) with the apartment (hereinafter referred to as “instant apartment”) indicated in the attached Table that the Defendant would purchase the same amount on the following occasions: (a) the purchase price of KRW 908,200,00 (the first down payment of KRW 90,820,000 for the second down payment of KRW 90,820,000 for the second down payment of KRW 90,820,00 for the intermediate payment; and (b) the intermediate payment of KRW 181,640,00 for the remainder six times; and (c) the sales contract to purchase the apartment (hereinafter referred to as the “sale contract in this case”).

B. On July 27, 2014, the Plaintiff, along with her husband C, visited the office of licensed real estate agents next to the model lower court of the instant apartment, to purchase the purchase price of the instant apartment at KRW 40 million, and transferred KRW 20 million among them to the said licensed real estate agents.

C. On July 29, 2014, the Plaintiff purchased the right to purchase the instant apartment in the purchase price of KRW 40 million between the Defendant and the Defendant as a broker of the said licensed real estate agent, and the purchaser bears the sales contract, the intermediate payment of the seller is succeeded by the buyer, and the buyer entered into a sales contract for the right to purchase the apartment in the purchase price of KRW 40,00,000,000,000,000.

(hereinafter “instant sales contract”). On the same day, the Plaintiff directly transferred the sales contract amounting to KRW 90,820,000 and KRW 5 million to a licensed real estate agent, KRW 3,598,200, and additional options contract amounting to KRW 1,291,400, and received from the Defendant the sales contract, identification card copy, and documents related to the intermediate payment loan in the name of the Defendant.

Since then, the plaintiff also paid the part payments loan stamp, additional expenses for the expansion of balcony.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 18, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the defendant shall be the defendant.

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