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(영문) 수원지방법원 성남지원 2018.12.18 2018가합400697
수분양자명의변경절차이행청구
Text

1. On January 8, 2018, the Defendant sold to the Plaintiff real estate indicated in the separate sheet by the purchaser.

Reasons

1. Basic facts

A. On August 12, 2016, the Defendant concluded a sales contract with C (hereinafter “C”) on the real estate listed in the separate sheet (hereinafter “instant apartment”) with the supply price of KRW 516.8 million.

B. In relation to the purchase of the instant apartment purchase right, the Plaintiff paid KRW 50 million to D, a broker, as the deposit money for purchase and sale, and KRW 45 million on August 8, 2016 and August 17, 2016, respectively. On August 12, 2016, the Plaintiff paid KRW 51680,000,000,000, including the down payment under the instant apartment sale contract, KRW 51680,000,000,000,000,000,000,000,000,000,000,000 in total, including the system air conditioner construction deposit and one million,

C. D again delivered each of the above money paid to the Plaintiff to E claiming that the Defendant was delegated the resale of the apartment sale right of this case, and E paid the above KRW 5,368,00 to C on August 12, 2016.

E, on August 17, 2016, on behalf of the Defendant, entered into a sales promise with the Plaintiff to sell the buyer’s right under the instant apartment sales contract at KRW 50 million (hereinafter “instant sales promise”). On the same day, E, on the same day, issued to the Plaintiff a sales promise contract, performance note, transfer note, transfer note, right waiver note, apartment sales certificate, the Defendant’s personal seal impression, resident registration copy, resident registration certificate, family relation certificate, marriage certificate, resident registration certificate, copy of resident registration certificate, and resident registration certificate with the Defendant’s seal affixed.

E. On October 2016, E died, and the Defendant, around November 2016, received the original copy of the sales contract in the instant apartment from the Plaintiff’s broker, and concluded an intermediate payment contract with the financial institution, and returned the original copy of the sales contract to D.

On November 19, 2016, the Plaintiff made a loan to ASEAN on November 19, 2016 under the name of 75.

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