(영문) 청주지방법원 2018.06.01 2017가단100727

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(영문) 청주지방법원 2018.06.01 2017가단100727

주택분양권 명의변경절차이행 청구의 소

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1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. From November 15, 2004, the Defendant owned a single house of 36.54 square meters for a single-story 36.54 square meters on the 6-dong area of Cheongju-si, Cheongju-si (hereinafter “the instant house”).

B. The Korea Land and Housing Corporation, according to the Housing Site Development Promotion Act, has established relocation measures for those who lose their base of livelihood as a result of providing residential buildings through the implementation of the project while implementing the E Housing Site Development Project (hereinafter “instant project”).

C. On July 2, 2009, the Defendant sold the instant housing to the Korea Land and Housing Corporation in accordance with the procedure for acquiring public land by consultation.

On April 20, 2009, the Defendant entered into a sales contract with the Intervenor on April 20, 2009, to sell to the Intervenor the right to purchase migrants housing sites from the Korea Land and Housing Corporation in accordance with the relocation measures (hereinafter referred to as “right to purchase migrants housing sites”) as a resident in the instant business district, which is a resident in the instant business district.

E. On November 29, 2011, the Defendant entered into a sales contract between the Plaintiff and the Plaintiff, under which the Defendant sold the ownership of the ownership of the housing site to the Plaintiff at KRW 35 million and agreed as follows (hereinafter “instant sales contract”). The Defendant received the said purchase price from the Plaintiff.

Article 3 of the Agreement on Land Purchase to be paid by the seller after the lottery of the resettled housing site shall be borne by the buyer, and the seller shall notify the buyer of the amount and time of the confirmation of the persons subject to the housing site, lottery, contract, intermediate payment, balance, etc., and shall prepare all documents, etc. necessary

-special agreement -

3. In the event that this Agreement is not fulfilled due to a cause attributable to the seller and is reversed, the contract may be terminated by compensating for the amount of KRW 150 million, which is three times the purchase price.

Article IVSpecial Terms and Conditions

1.The seller shall enter into the following arrangements from the buyer:

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