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(영문) 부산지방법원 2017.04.26 2015가합46686
수분양자지위확인
Text

1. The plaintiff, the intervenor of the independent party C and the intervenor of the independent party B, with the exception of the second preliminary claims.

Reasons

Lawsuits filed by the main office and the independent party interventions shall be deemed together.

1. Basic facts

A. E’s acquisition of the right to sell the instant land and conclusion of a sales contract for the instant land) E is incorporated into the G Corporation implemented by Busan Metropolitan City on November 13, 2006, Busan Gangseo-gu Busan Metropolitan City on the acquisition of land, etc. for public works (hereinafter “Land Compensation Act”).

2) The status of residents to be selected as those subject to relocation measures and to be supplied with the housing site for migrants (hereinafter “instant sales right”).

(2) On March 9, 2015, E acquired the instant sales contract from the Defendant to purchase the Flux 255 square meters (the instant land was determined on December 31, 2015) of Gangseo-gu Busan, which is a housing site created by the Defendant pursuant to the Housing Site Development Promotion Act, based on the instant sales right (hereinafter “instant sales contract”).

B. On August 12, 2010, E sold the instant sales right at KRW 68 million to the Plaintiff (hereinafter “instant sales right”). On March 30, 2013, E again sold the instant sales right to KRW 143 million to the Intervenor B (hereinafter “instant sales right”). On January 15, 2015, E sold the instant sales right to KRW 190 million to the Intervenor at KRW 100 million.

C. The Plaintiff and the Intervenor’s winning judgment 1) The Intervenor B filed a lawsuit against the Plaintiff and the Intervenor seeking the implementation of the procedure for change of the buyer’s name against the Plaintiff and the Intervenor’s winning judgment on June 17, 2015, with the Busan District Court 2015Kadan21789 (the Plaintiff and the Intervenor filed a lawsuit seeking the implementation of the procedure for change of the buyer’s name, and the said judgment was rendered

7.7.Written Decision.

2) The Plaintiff filed a lawsuit against E on July 23, 2015 against the Busan District Court Decision 2015Da213411, which filed a favorable judgment from the above court on July 23, 2015. The above judgment is August 8 of the same year.

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