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(영문) 수원지방법원 2017.01.12 2016가단23553
매매대금반환
Text

1. The Defendant’s KRW 37,800,000 as well as the Plaintiff’s annual rate from June 11, 2016 to January 12, 2017, and the following.

Reasons

Facts of recognition

Since the Defendant’s housing was incorporated into the territory D zone in Suwon-si, Suwon-si, which had been residing as a tenant, the Defendant is not clear as to whether the apartment subject to the right to move into the zone was specified as the leased apartment in this case in around 2007, around 2007, around 602 Dong-gu, Suwon-si, Suwon-si, and 1303 (hereinafter “instant leased apartment”). However, it is deemed as specified at the time of understanding convenience.

The right to move in has been granted.

피고는 2010. 10.경 부동산중개업자(속칭 떴다방)의 중개로 F에게 위 입주권을 3,000만 원에 매도하였다.

At the time, at the request of a real estate broker, the Defendant signed and sealed the seller's name in the sales contract, the debtor's name in the agreement for a loan for consumption, the issuer's name in a promissory note, and delivered the F with a certificate of personal seal impression, a certified copy and abstract

The parts related to this case among the contents of the above letter of performance shall be as follows:

(A) Seller's name: The Plaintiff (A) purchaser's name: (A) Article 2 (A) promises to immediately implement the transfer of ownership to a person designated by (B) or (B) without demanding any separate monetary claim regardless of the fluctuation of market price when it is possible to transfer the ownership of the above subject matter.

On November 2011, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation on the instant leased apartment.

The rental apartment of this case is able to be converted for sale in lots if it resides in public rental housing for five years.

Article 49-4 of the Special Act on Public Housing shall not transfer a right of lease (including sale, donation, and all other acts resulting from the alteration of a right, but excluding inheritance) or sublet a public rental house to any other person: Provided, That where a public housing business operator has obtained the consent of the public housing business operator in cases prescribed by Presidential Decree, such as work, occupation, treatment of illness, etc.

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