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(영문) 수원지방법원평택지원 2016.10.06 2016가합761
수분양권명의변경절차이행
Text

1. Of the instant lawsuit, the part concerning the claim for the transfer of the ownership in the attached Form shall be dismissed.

2. The defendant shall attach attached Form to the plaintiff.

Reasons

1. Indication of claim;

A. The Defendant’s house owned by the Defendant was incorporated into a D site in the district where the Korea Land and Housing Corporation is in force, and the Defendant was in a position to acquire the right to sell the land of migrants, and thereafter acquired the right to sell the land in the attached Form through a lottery on May 26, 2016.

B. On May 30, 2016, the Plaintiff entered into a sales contract with the Defendant to acquire the purchase price of KRW 260,000,000 as stated in the separate sheet. On May 30, 2016, the Plaintiff paid the Defendant the purchase price of KRW 260,00,000.

C. As above, the Defendant failed to implement the procedure for change of the ownership of the purchaser as to the right to sell the attached Form, even if the Defendant received the full payment from the Plaintiff, thereby seeking the implementation thereof.

2. Article 208 (3) 1 of the Civil Procedure Act and the main sentence of Article 257 (1) of the same Act:

3. In this case where, on the premise that the Plaintiff acquired the right of sale from the Defendant, against the Defendant, seeking the implementation of the procedure for change of the name of the buyer for the right of sale in the separate sheet, the Plaintiff is sufficient to seek only the implementation of the procedure for change of the name of the buyer in the separate sheet. Therefore, there is no benefit to file a lawsuit against the Defendant for a separate claim against the Plaintiff for the transfer of the right of sale in the separate sheet.

Therefore, the part of the claim for the transfer of the right of sale in attached Form among the lawsuit in this case is dismissed.

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