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(영문) 대전지방법원 2018.11.08 2018가합781
분양권의변경절차이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

On June 26, 198, the Plaintiff entered into a sales contract for the removal of the instant building (hereinafter “instant sales contract”) with B.

According to the special contract of the sales contract of this case, B provided all documents when the plaintiff constructed the building.

B, as the building site in the building in this case was incorporated into the D Project District, it received the compensation on December 26, 1983.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 3, the purport of the whole pleadings, and the purport of the defendant's main defense is not the manager of the housing site sales ledger alleged by the plaintiff, and since the authority over the building permit following the relocation of the building of this case is within the jurisdiction of the Gu which is not the defendant, the lawsuit of this case is not the defendant, and thus, it is unlawful. Thus, we examine whether the lawsuit

On the other hand, in a lawsuit for performance, the standing to be a party lies in a person who asserts that he/she has the right to demand performance, which is a subject matter of lawsuit, and whether or not he/she has the right to demand performance actually exists is a matter to be proved after the deliberation on the merits (see, e.g., Supreme Court Decision 2003Da44387, 44394, Oct. 7, 2005). The plaintiff asserts that he/she has the right to exercise against the defendant as the purchaser of the sales contract of this case. This is merely an argument about the existence of the right to demand performance, which is subject to the deliberation on

The plaintiff's assertion of the parties to the judgment as to the cause of the claim is the right holder who purchased and sold the building of this case from B, and thus, the defendant has a duty to change the name of the seller in the housing site sales ledger to the plaintiff.

The defendant's assertion is not a person who manages the ledger of the sale of housing sites by the plaintiff's assertion, and the plaintiff is a person who has no right to file an application for relocation permit.

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