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(영문) 서울남부지방법원 2017.11.03 2016가단259442
기타(금전)
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant and M Sita Development Co., Ltd.

Reasons

1. The parties' assertion

A. The plaintiff's primary assertion ① because the plaintiff purchased the right to sell D apartment units (hereinafter "the right to sell apartment units") that the defendant won from the defendant, the defendant is obligated to implement the procedure for changing the name of the seller to the plaintiff.

Even if the Defendant sold the instant sales slip to C after the Defendant sold the instant sales slip to C, the Defendant is obligated to perform the procedure for change of the name of the seller for sale to C, and as C is obligated to perform the procedure for change of name to the Plaintiff, the Defendant is obligated to perform the procedure for change of name directly to the Plaintiff who subrogated C.

② Even if the Defendant sold the instant sales slip to C after the Defendant sold the instant sales slip to C, the Defendant is obligated to perform the procedure for change of the name of the seller for sale. Thus, the Defendant is obligated to perform the procedure for change of ownership to C.

B. The defendant's assertion that the defendant sold the sales right of this case to C, and the plaintiff purchased the sales right of this case again from C.

In addition, the sales contract between the defendant and C was terminated by the fact that selling the proceeds to C was illegal with the knowledge that it was illegal.

2. Facts of recognition;

A. On May 10, 2016, the Defendant, as a disabled person, applied for a special supply of recommendation to a agency, was selected as an occupant of D apartment, which is a house subject to the upper limit of the right to sell.

B. On the same day, E, who was delegated by the Defendant, issued C an application for special supply of recommendation to ER with the words “if he/she fails to take occupancy, he/she will be entrusted with the application for special supply of recommendation to reduce the sale and purchase” from C conducting the sales agency in front of the D Apartment apartment model Haak-si.

C. On April 2016, the Plaintiff found the G Licensed Real Estate Agent Office run by F to purchase a house and found the said brokerage office again on May 11, 2016.

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