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(영문) 대전지방법원 2018.06.20 2017가합104136
수분양권자 명의변경절차이행 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On April 30, 2015, the defendant won the winning in the subscription for apartment as stated in the purport of the claim.

(2) The Defendant: (a) sold the instant apartment; and (b) sold the instant apartment; and (c) sold the instant apartment to the F Licensed Real Estate Agents’ Office G. The Defendant sold the instant apartment to the F Licensed Real Estate Agents’ Office G (hereinafter “instant resale agreement”).

On May 7, 2015, the Defendant prepared a written contract for the sale of the instant apartment (hereinafter “instant contract for sale”), and then received KRW 20,320,000 as the down payment under the instant contract for the sale of the instant apartment and KRW 1,00,000 as well as the cost of expanding balcony, which was the document necessary to secure the buyer’s rights, and issued a seal imprint with the document of performance, written statement of transfer, written statement of waiver of rights, written consent for the sale of the real estate, written confirmation of transaction, written confirmation of transaction of the apartment, written contract for the sale of the apartment, written document for the sale of the apartment, written document for the purchase of the instant apartment, written document for the purchase of the instant apartment and written contract for the sale of the apartment, written seal imprint, written a seal imprint affixed to H through G, with a seal imprint affixed.

(2) In light of the above legal principles, the court below held that the plaintiff was obligated to implement the procedure to change the name of the right to purchase and sell the claim in accordance with the resale contract of this case, since the plaintiff was the purchaser of the resale contract of this case, the defendant is obligated to implement the procedure to change the ownership of the right to purchase and sell the claim in accordance with the resale contract of this case, but the defendant is I and the purchaser of the resale contract of this case was revoked or agreed upon.

Judgment

Therefore, as to whether the purchaser of the right to sell the instant case from the Defendant is the Plaintiff.

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