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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The network C (hereinafter “the network”) was sold in lots by the Defendant on July 20, 2017, and entered into a sales contract with the Defendant for the purchase price of KRW 1,178,300,000 on the purchase price on July 20, 2017.
With respect to the resale of the right to sell in lots, Article 5 provides that the contract shall be as follows:
B. On July 20, 2017, the Plaintiff’s son entered into a contract to acquire the instant sales right from the Deceased.
C. On April 27, 2018, the Deceased died, and there was wife E, children F, G, and H as the deceased’s heir. However, D asserted that “The instant sales right was inherited (E, F’s renunciation of inheritance) by inheritance (E, and F’s renunciation of inheritance) by each of G and H,” and that “G and H” were 1/2 shares in each of the instant sales right.
A lawsuit was filed to perform the procedure for changing the name of the buyer on the ground of the sale and purchase stated in the port (this Court 2018Gahap40586), and the first instance court rendered a favorable judgment on March 5, 2019, and the said judgment became final and conclusive (hereinafter “related judgment”). D.
D on March 8, 2019, concluded a contract to transfer the instant sales right to the Plaintiff, and notified the Defendant of the said transfer on March 11, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1, the purport of the whole pleadings
2. The Plaintiff, who acquired the right to sell the instant case’s assertion, has the right to request the transferor D to implement the procedure for change of the title of the sales right, and the Defendant is obligated to accept the change of the name from the deceased to the Plaintiff.
3. Determination
A. In the case of the instant apartment sold in the private housing site in the Seoul Metropolitan area, Article 64(1)3 of the former Housing Act (amended by Act No. 14866, Aug. 9, 2017) and Article 73(1) [Attachment 3] of the former Enforcement Decree of the Housing Act.