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Reasons
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(영문) 대구지방법원 2015.04.09 2014나15192
분양계약자명의변경절차이행
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1. Revocation of a judgment of the first instance;

2. The plaintiff's main claim is dismissed.

3. The defendant is against D and the defendant.

Reasons

1. Basic facts

A. On October 15, 2013, the Defendant won the winning in the number of apartment units 217 Dong 1901 (hereinafter “instant apartment unit”) in the procedure of drawing lots of apartment units in Daegu-gu, Daegu-gu, which was sold by Hyundai Industrial Development Co., Ltd., and around that time, requested a licensed real estate agent E to resell the instant apartment unit unit sale right (hereinafter “instant unit sale right”).

B. D, as a broker of a licensed real estate agent F, intended to purchase the instant sales right from the Defendant at a premium of KRW 24 million (hereinafter “sale price”). The remitter as “217 Dong 1901” and remitted the remitter’s money to the Defendant’s Daegu Bank account on October 15, 2013 and KRW 4,500,000 following the date. (c) On October 18, 2013, the broker of the Defendant, the Defendant, E, and D, the buyer, entered the sales contract on the instant sales right at the E’s brokerage office (hereinafter “instant sales contract”). At the time of the sales contract, the seller’s name and seal was affixed on the seller’s column, but the buyer was written in advance and signed on October 13, 201, and the buyer was written in advance.

The sale price: 261,400,000 won (the sale price of KRW 254,900,000 out of the sale price of KRW 254,90,000): The remainder of KRW 19,245,00: A special agreement of KRW 241,756,00:

1.The principal contract shall be the resale price of 254,900,000 won for the sale price under the contract for the resale of the right of sale;

2. The intermediate payments and any balance shall be governed by the corporate regulations (the buyer is responsible);

D. On October 18, 2013, D paid to the Defendant via F the remainder of KRW 17.5 million after subtracting the pre-paid KRW 6.5 million out of the purchase price of KRW 24 million. The Defendant paid the Defendant through F the first down payment of KRW 12,745,000, which is necessary for the Defendant to conclude the sale contract. The Defendant paid the first down payment on the same day to the Defendant, and then paid the first down payment to Hyundai Industrial Development Co., Ltd. and the instant apartment.

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