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(영문) 서울고등법원 2019.01.10 2018나2042888
수분양자 명의변경절차 이행 청구
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's preliminary claim corresponding to the revoked part shall be revoked.

Reasons

Basic Facts

The reasons for this part are as follows, except for the dismissal or addition as follows, the part of “1. Basic Facts” in the judgment of the court of first instance (from No. 2 of the judgment of the court of first instance up to the last day of No. 6 to No. 3). Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The "Evidence No. 6" of the judgment of the first instance court No. 3 shall be deemed to be "Evidence No. 1" of the judgment of the first instance court No. 16.

Part 3 of the Judgment of the first instance court, the following shall be added to the following:

D. On September 11, 2018, C entered into an additional contract on the instant land between C and the Plaintiff, sold the instant land to the Plaintiff at KRW 595,370,000, which is the same as the supply price of the Korea Land and Housing Corporation of the implementer (hereinafter “instant secondary purchase right resale contract”).

3) Each entry of Gap evidence No. 1 through 6, 8, and 12 evidence (including each number, if any, and hereinafter the same shall apply) and the purport of the whole pleadings in the first instance court’s judgment, “the purpose of the whole dispute (based on recognition)” is “(based on recognition).”

On September 11, 2018, the Plaintiff and C concluded the second purchase right resale contract of this case where C sells the land of this case to the Plaintiff at the same 595,370,000 won as the supply price of the Korea Land and Housing Corporation, which is allowed to resell the land in accordance with the relevant laws and regulations.

C and the Defendant entered into a sales contract of the instant purchase and sale of the instant purchase and sale right as it was impossible to enter into a conclusive sales contract of the instant purchase and sale right as it was not determined whether the Defendant could be supplied with the said land as of February 2, 2015, and whether the said land would become the land of the said migrants, and thus, it should be deemed that the said sales contract of the purchase and sale right included the nature of the pre-sale contract.

or the instant case.

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