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(영문) 대전고등법원 2019.01.16 2018나12894
수분양권자 명의변경절차이행 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the basic facts is as stated in the reasoning of the first instance judgment, except for the following additions to the second part of the judgment of the court of first instance No. 18, and thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Parts]

D. Among the documents for securing the right of this case, the letter of transfer (No. 2-3 of the evidence A) contains the following: “The description of the property to be transferred will not raise an objection because it was transferred to the person holding the above property. This letter will be equally implemented to the person holding the above property; and the special terms attached to the document for establishing the right to collateral security (No. 2-9 of the evidence A) state that “the seller will transfer the name to the person designated by the purchaser without any condition.”

2. Summary of the parties' arguments

A. The purchaser of the instant resale contract is H, and according to the content of the acquisition document of the right to purchase the instant resale contract issued at the time of the instant resale contract, the resale contract of this case was planned to sell the instant pre-sale, and the Defendant agreed to transfer the right to sell the instant pre-sale or made a third party acquire the right to sell the instant pre-sale to a third party designated by the purchaser.

The Plaintiff is a third party designated by H to acquire the instant sales right by pre-sale or by acquiring the sales right. As such, the Defendant is obligated to implement the procedure for changing the name of the instant sales right to the Plaintiff.

(B) The Plaintiff asserted to the effect that the Plaintiff filed the instant claim against the Defendant based on the special terms and conditions attached to the deed of transfer or the deed of collateral security agreement, as the holder of the pertinent document of collateral security, was designated as the Plaintiff as the transferee of the said document of collateral security, and such assertion is only included in the foregoing argument).

The Defendant’s resale contract of this case was rescinded by agreement with the buyer I.

3. We examine the judgment above.

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