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Reasons
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(영문) 서울중앙지방법원 2018.09.12 2018가합529948
수분양자지위확인청구
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendants, while running a new construction project of apartment C (hereinafter “instant apartment”) in Gangnam-gu Seoul Metropolitan Government Group B, announced the invitation of occupants on March 14, 2018.

(hereinafter “Public Notice of Invitation of Residents”). (b)

The public notice of invitation of occupants of this case is a person who belongs to a household that does not own a house as of the date of the public notice of invitation, or belongs to a household that owns a house, and a person who owns two or more houses and a person who belongs to a household is unable to make a first subscription, and the matters not specified in the public notice of invitation of occupants of this case are prescribed by relevant Acts and subordinate statutes, such as the Rules on Housing Supply.

C. The Plaintiff owned 202 Dong 903, Gangnam-gu, Seoul, and E, the Plaintiff’s spouse, owned 401 of multi-household housing located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul (hereinafter “F housing”). On February 14, 2018, E sold F housing to G for KRW 180,000,000, the contract deposit amount of KRW 2,000,000,000, while selling F housing for KRW 180,000,000, the remainder was paid on March 10, 2018, issued documents necessary for registration to G at the same time as the remainder was received, and agreed to deliver F housing.

Since then, at the request of G, the remainder payment date was changed to April 27, 2018, but G and E agreed to complete the registration of ownership transfer on F housing until March 14, 2018.

G paid acquisition tax of KRW 1,980,000 on F housing to Seongbuk-gu Seoul Metropolitan Government Office on March 14, 2018, and completed the registration of ownership transfer on F housing on March 15, 2018, and paid all remainder to E on April 26, 2018 and April 27, 2018.

E. The Plaintiff subscribed to the general supply of the instant apartment in accordance with the public notice of the recruitment of occupants, and won the award. On April 9, 2018, the Plaintiff concluded a contract with the Defendants on the supply of the instant apartment No. 801 (attached Form No. 112, 801) with the Defendants.

However, on April 26, 2018, the Defendants are the Plaintiff and E.

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