(영문) 부산지방법원 2017.02.03 2015가단56617

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(영문) 부산지방법원 2017.02.03 2015가단56617

이주택지분양권명의변경절차이행

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1. As to the Plaintiff, the Defendant is about 252 square meters in Gangseo-gu Busan Metropolitan City (the combined use of a lot number D and a designated residential site store).

Reasons

1. Fact-finding, Busan E site owned by the Defendant was incorporated into the FF development project zone implemented by the Korea Land and Housing Corporation, and accordingly, the Defendant became able to be supplied with the housing site from the Korea Land and Housing Corporation when it becomes final and conclusive

On February 16, 2011, the Plaintiff entered into a sales contract with the Defendant for the right to sell the housing site to be received from the Korea Land and Housing Corporation (hereinafter “instant right to sell”) of KRW 76,00,000 (hereinafter “instant sales contract”).

On March 2, 2015, the Defendant concluded a sales contract with the Korea Land and Housing Corporation on March 2, 2015 with regard to the volume of 252 square meters in Gangseo-gu Busan Metropolitan Government (the combined use of a lot number D and a designated residential site store).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 5, Gap evidence 6, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the sale right of this case can be resold with the consent of the project operator. Before consent, the Defendant is obligated to implement the procedure for applying for the resale agreement so that the Plaintiff can obtain the consent of the Korea Land and Housing Corporation, which is the project operator, regarding the sale contract of this case.

B. The defendant's assertion that the sales contract of this case is invalid for the following reasons, and the plaintiff's assertion that the contract is valid is without merit.

(1) The instant sales contract was concluded to the Defendant before the right to sell the housing site was created, and it was possible to resell the housing site only after being supplied with the housing site.

(2) Even if it is possible to resell a housing site prior to the supply of the housing site, it is null and void on the ground that there was no project operator’s consent.

(3) At the time of the instant sales contract, the Defendant suffers from dementia.

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