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(영문) 서울고등법원 2018.12.14 2018나2046231
이주자택지 명의변경절차이행 청구의 소
Text

1. The second preliminary claim in the judgment of the court of first instance shall be modified as follows:

The defendant shall be 164,587.

Reasons

1. The reasoning for this part of the underlying facts is as follows, except for the addition of part of the judgment of the court of first instance to the reasoning for this part is as stated in the corresponding part of the judgment of the court of first instance (Article 20 of the Civil Procedure Act No. 21 to No. 4(2)). Thus, this part is cited by the main text of

The defendant in Part 3 of Part 16 of the third party shall add "the land specified in the attached Table as a result of the lot lottery on November 25, 2016" to "after addition."

Part 3. The following shall be added to the 21st page:

A person shall be appointed.

D. The Plaintiff’s acquisition of the Plaintiff’s claim 1) The Defendant sold to G the instant purchase price of KRW 100,000 to G around April 2015 (hereinafter “instant first resale contract”).

A) Around that time, G concluded a contract, and around August 13, 2018, G paid the Defendant a total of KRW 100,000,000 for the purchase price. (2) G transferred to the Plaintiff “a total of KRW 329,174,600, interest claim, and all other rights incidental thereto,” which G transferred to the Plaintiff “a total of the agreed amount claims, restitution claims due to the cancellation of the contract, and restitution claims due to the cancellation of the contract against the Defendant.”

(3) On the same day, the Plaintiff obtained the power of acting as an agent for the notice of the assignment of claims from G and notified the Defendant of the fact of the assignment of claims, and around that time, the notification was served to the Defendant. The Plaintiff added “(based on recognition)” to “(based on recognition”),” “The statement of the evidence Nos. 22 and 23, and the result of the order to submit financial transaction information to the new bank, a stock company of the first instance court.

2. The plaintiff's assertion

A. The act of the Defendant’s selling the instant parcel of land to the Plaintiff before entering into the instant parcelling-out contract with the Korea Land and Housing Corporation (hereinafter “instant parcelling-out contract”) does not constitute a resale prohibited by the Housing Site Development Promotion Act (Article 19-2 and Article 13-3 of the Enforcement Decree), the Special Act on Public Housing (Article 32-3 and Article 25 of the Enforcement Decree). Thus, the Defendant’s selling contract to the Plaintiff

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