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(영문) 대전지방법원 천안지원 2018.04.25 2017가단110546
건물명도(인도)
Text

1. The Defendant is the Plaintiff, and the Seo-gu, Western-gu, Seoul, which was concluded on February 25, 2016 between the Defendant and Daewoo Construction Co., Ltd.

Reasons

1. Facts of recognition;

A. On February 25, 2016, the Plaintiff and the Defendant, under the joint name, entered into a contract to be supplied at KRW 385,80 million (hereinafter “instant apartment contract”) with Daewoo Construction Co., Ltd. (hereinafter “instant apartment contract”).

B. The Plaintiff and the Defendant agreed on the division of property due to divorce on August 26, 2016, and the Defendant agreed to the Plaintiff, after both divorce, to transfer all the rights regarding the right to sell the instant sales contract to the Plaintiff.

C. The Plaintiff and the Defendant shared consultations around February 2017.

【Ground for Recognition: The facts without dispute, Gap 1, 3, 4 evidence, and the purport of the entire pleadings】 The defendant asserted that the defendant only stated the defendant's name in the evidence No. 3 (property division contract) but did not sign, and that the agreement on the division of property was not consistent with the intention of the plaintiff before the divorce with the plaintiff.

As long as the name, resident registration number, and address of the contractor “A” at the end of the document No. 3 written by the Defendant, even if they are not directly written, the authenticity of the document No. 3 is recognized.

In addition to Gap evidence 3, as well as Gap evidence 1, it is recognized that the defendant promised to change the name of the seller for the sales contract of this case to the plaintiff, the defendant's assertion is not accepted.

2. According to the above facts of determination, the Defendant is obligated to implement the procedure for change of the name of the seller for the instant sales contract according to the agreement entered into with the Plaintiff on August 26, 2016.

The plaintiff's claim shall be accepted with due reason.

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