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(영문) 서울중앙지방법원 2016.11.11 2016가합535376
소유권이전등기
Text

1. The part of the plaintiff B's lawsuit and the part of the plaintiff A's claim for confirmation shall be dismissed respectively.

2. The remainder of the Plaintiff A’s claim.

Reasons

1. Basic facts

A. On October 7, 2014, Plaintiff B subscribed to Gangnam-gu Seoul Metropolitan Government C Multi-Family Housing (hereinafter “instant multi-family housing”) that the Defendant publicly announced the recruitment of occupants, and won a prize as a additional score on the 15th day of the same month.

B. On October 22, 2014, Plaintiff B entered into a sales contract with the Defendant for the purchase of the above multi-family housing Nos. 102 and 103 (hereinafter “instant real estate”). On November 10, 2015, Plaintiff B entered into the sales contract with the Defendant for the purchase price of KRW 879 million (hereinafter “instant sales contract”). Plaintiff A transferred the status of the buyer from Plaintiff B and completed the procedure for change of name.

C. At the time of the change of the above title, the Defendant was submitted a written pledge stating that “The instant real estate is a normal contract object by normal winning, and the winning right and contract was cancelled in the event of termination of the contract, cancellation, and cause for cancellation, such as the lack of subscription, even after the transfer contract was made, and all of the responsibilities therefrom will be borne by the principal and will not be charged to the executor and the contractor.” (hereinafter “instant written pledge”).

On March 30, 2016, the Defendant notified the Plaintiffs of the cancellation of the sales contract or the nominal change contract pursuant to Article 4(1)6 of the instant sales contract, stating that “The number of dependent members was falsely prepared during the investigation into the Seoul Regional Police Agency, and the number of dependent members was found to fall short of the winning so that the winning is no longer qualified.”

E. Article 4(1) of the sales contract of this case provides that "A (the supplier of the sales in lots) may cancel a contract when B (the buyer) performs a certain act," and that "A (the buyer of the sales in lots) is in violation of the Rules on Housing Supply" or relevant Acts and subordinate statutes, such as entering into a contract by taking over the occupants' savings, such as subscription savings, under the name of another person, or by taking over the occupants' savings, such as subscription savings, etc. (which does not limit

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