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(영문) 창원지방법원 2018.07.19 2017가합54893
분양권명의이전
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 12, 2015, the Defendant entered into a contract with C District Housing Association (hereinafter “instant association”) under which the Defendant received the sales right (hereinafter “instant sales right”) indicated in the separate sheet from the instant association upon joining the instant association as a member of the association (hereinafter “instant sales contract”).

B. As the value of the sales right of this case drops, the defendant was willing to dispose of the sales right of this case and asked D, the head of the sales team of the association of this case, to identify the person to take over the sales right of this case.

C. On April 21, 2017, D called himself as the Defendant’s agent and entered into a contract with the Plaintiff to transfer the instant sales right to KRW 65,000,000 between the Plaintiff and the Plaintiff (hereinafter “instant transfer contract”), and issued to the Plaintiff a written contract for the instant sales contract (hereinafter “instant sales contract”), the Defendant’s certificate of personal seal impression, and the Defendant’s seal impression as to the right to sell the instant sales right on which the Defendant’s seal is affixed, a written confirmation of the transfer of the right, renunciation of the right, and a written confirmation of the fulfillment of the right to sell the instant sales (hereinafter “the documents for securing the right of this case”). On the same day, the Plaintiff deposited KRW 65,00,000 in the account under the name of D.

【Ground of recognition】 The fact that there has been no dispute, and the purport of the whole entries and arguments of Gap's 1 through 4 (including the virtual number)

2. The parties' assertion

A. The plaintiff asserts that D had a transfer contract of this case on behalf of the defendant lawfully, and the defendant is obligated to implement the procedure for change of name in accordance with the transfer contract of this case to the plaintiff.

B. As to this, the Defendant entered into a contract to transfer the instant right through D, but only the transfer contract was destroyed due to the payment of E, and there is no fact that the transfer contract of this case was lawfully concluded with the Plaintiff.

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