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(영문) 수원지방법원평택지원 2017.08.10 2016가단10303
수분양자명의변경
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant was able to be supplied with the housing site from the Gyeonggi-do Si project, etc. if the person who was residing in the business zone of the C&A is determined as eligible for the supply

B. Around October 6, 2014, the Defendant entered into a contract with D and one other, under which the Defendant would sell the right to sell the housing site to be supplied by the said operator of the said project (hereinafter “instant right to sell”) at KRW 160,000,000. After that, the Plaintiff entered into a contract with D to purchase the instant right to sell at KRW 170,000 from D (the contract is KRW 160,000,000, but the Plaintiff claimed that the Plaintiff purchased KRW 170,000,000; hereinafter “instant contract”).

C. Since then, on May 26, 2016, the Defendant was selected as a person eligible for the supply of the resettlement site, and purchased from the Gyeonggi-do Si Corporation the Pyeongtaek-si E-type 248 square meters (hereinafter “instant land”).

Around that time, the Gyeonggi-do Si Corporation may change the name of the Defendant only once after the conclusion of the contract without limiting the price, and thereafter, it is possible to change the name only when it resells below the supply from the construction. In the event of change of the name, the transferor and the transferee visit the construction to take procedures such as an application for change of the name and a contract for succession to rights and obligations

b. The title change was announced to the effect that it would be possible from July 1, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 4, and 6 (including virtual number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff alleged that the defendant sold the sales right of this case to D, and knew that D could sell it again to a third party by entering the contract prepared at the time of the sale to D and one other. The defendant concluded with the Gyeonggi-do City Corporation on the land of this case with regard to the plaintiff who purchased the sales right of this case from D.

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