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(영문) 수원지방법원평택지원 2017.11.02 2017가합8519
분양권명의변경절차 이행청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Korea Land and Housing Corporation, the Gyeonggi-do City Corporation, and the Pyeongtaek City Corporation are implementing a district development project (hereinafter “instant project”) in Pyeongtaek-si E, F, G, H, and I from May 30, 2008.

B. On December 23, 2005, the date of designation for public inspection of the district residents of the instant project, the Defendant was selected as a person subject to relocation and living measures pursuant to the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, who had resided in the instant project area before December 23, 2005, and was selected as a person subject

C. Accordingly, the Defendant: (a) purchased the instant resettled housing site within the instant project district (hereinafter “instant resettled housing site”); and (b) concluded a sales contract between the Korea Land and Housing Corporation and the Korea Land and Housing Corporation on the instant resettled housing site around 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 6 and 7, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) Around May 23, 2014 between the Defendant and the Defendant, the Plaintiff’s right to sell the housing site for migrants supplied by the Defendant (hereinafter “instant right to sell the housing site”).

The Defendant concluded a sales contract. On May 30, 2016, the Defendant concluded a sales contract with the Korea Land and Housing Corporation to be supplied with the instant re-sale housing site. Therefore, the Defendant should implement the procedure for change of the name of the buyer on May 30, 2016 with respect to the instant re-sale housing site. Article 19-2(1) of the Housing Site Development Promotion Act that restricts resale is a provision for a person who has been supplied with the developed housing site, and is not applicable to the Plaintiff, the buyer before entering into a sales contract with the Korea Land and Housing Corporation after drawing the land of re-sale housing site. (2) The Defendant issued a sales contract with the trading party, the date of the sale and purchase, and the purchase and sale price are in blank.

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