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(영문) 대전지방법원 2014.09.30 2013가단47979
수분양권권리확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 10, 2007, the Plaintiff entered into a sales contract with C for an indefinite term with the Korea Land and Housing Corporation (hereinafter “instant sales right”) to be supplied from the Korea Land and Housing Corporation by including C’s housing, etc. in a multifunctional administrative city construction project district implemented by the Korea Land and Housing Corporation, and paid C the said sales price.

B. C: (a)

In order to secure the performance of the contract of sale and purchase as stated in the port, the Plaintiff agreed to prepare a testamentary document to give the Plaintiff the right to sell the instant case to the Plaintiff, and on September 10, 2007, a testamentary document (No. 7293, 2007, hereinafter “instant testamentary gift”) to grant the Plaintiff the right to sell the instant case to the Plaintiff (hereinafter “instant testamentary gift”).

C. C was selected as a person subject to measures for the relocation of a multifunctional administrative city development project on April 18, 2008, but died on July 29, 2009, and the Defendant succeeded to the sales right of this case by agreement division.

On August 28, 2013, the Korea Land and Housing Corporation notified that the Defendant was changed to the Defendant as the Defendant succeeded to the instant parcelling-out right upon the death of C to the Director of the Land Sales Division of the Sejong Special Headquarters.

E. Meanwhile, the Plaintiff filed a lawsuit against D, among the executors of the instant deed, for the performance of the procedure for changing the name of the buyer in lots, at the Changwon District Court’s branch branch, 2013dan507.

On June 4, 2013, the above court rendered a judgment on September 10, 2007 that "the defendant (D) ordered the plaintiff to implement the procedure for change of the ownership of the person holding the ownership by means of testamentary gift on September 10, 2007," and the above judgment became final and conclusive around that time.

F. The Housing Site Development Promotion Act applicable to the sale right of this case and the major contents of Enforcement Decree of the same Act are as follows.

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