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(영문) 창원지방법원 2018.12.13 2017가단115203
분양권명의이전청구의 소
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 11, 2015, the Defendant entered into a membership agreement with C Regional Housing Association, and acquired the right to sell land as shown in the attached list (hereinafter “instant right to sell land”).

B. Around May 2017, D recommended the Plaintiff to purchase the instant sales right, while having been delegated all of the powers by the Defendant, the right holder of the instant sales right, to the Plaintiff.

The Plaintiff agreed to purchase the instant sales slip, and transferred KRW 20 million to the deposit account designated by D, ① on May 24, 2017, ② KRW 18 million on May 25, 2017, ③ KRW 1,921,00 on June 19, 2017.

On June 19, 2017, the Plaintiff was issued a sales contract, performance certificate, proxy letter, letter of promise to sell apartment, letter of promise to sell apartment, certificate of change of name with signature and seal affixed to the name of the Defendant, certificate of personal seal impression (as of June 19, 2017, letter of official title for the purpose of issuance, certificate of resident registration, copy of resident registration certificate, and seal affixed to the name of the Defendant. The Plaintiff was issued with a sales contract, performance certificate, proxy certificate, certificate of promise to sell apartment, certificate of purchase of apartment, certificate of purchase of apartment, certificate of purchase of real estate,

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 6, 7, 8, 9 (including each number), the whole purport of pleading

2. The parties' assertion

A. The plaintiff's assertion entered into a sales contract with D, a representative of the defendant, and paid all the sales amount. Thus, the defendant is obligated to implement the procedure for changing the name of the sale right of this case to the plaintiff.

Even if D did not have the right to sell the instant sales slip on behalf of the Defendant, D had all the original copy of the membership agreement, the original certificate of personal seal impression, the certified copy of resident registration, and the copy of resident registration certificates under the name of the Defendant at the time of entering into the sales contract of the instant sales slip on behalf of the Defendant, and thus, D as the Plaintiff’s agent.

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