logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2018.06.29 2017가합76619
이주자택지 명의변경절차이행 청구의 소
Text

1. The Defendant’s KRW 64,587,300 as well as the Plaintiff’s annual rate of KRW 5% from December 6, 2016 to June 29, 2018.

Reasons

1. Basic facts

A. The Korea Land and Housing Corporation, which is a project implementer for the implementation of a housing site development project and the project implementer for the E-housing site development project for members of Gyeyang-gu, Gyeyang-gu, and D Dong (hereinafter “instant housing site development project”), established relocation measures to supply migrants’ housing sites to residents who lose their base of living due to the implementation of the said project. The defendant who owned FF FF land to be incorporated into the said project site, filed an application for relocation housing with the Korea Land and Housing Corporation, on January 2015, was selected as a person to be supplied with the first-class migrants’ housing site.

B. On May 11, 2015, the Plaintiff’s acquisition of the Plaintiff’s right to purchase the purchase price of KRW 100,000,000 and includes the above housing owned by the Defendant into the instant business, the Plaintiff purchased the right to purchase the ownership of a re-resident’s housing site to be supplied by the operator of the instant business (hereinafter “instant right to purchase the ownership”) (hereinafter “instant right to purchase the ownership”), the sales contract for the right to purchase the ownership under the Defendant’s name (Evidence A) (Evidence 5), the power of attorney, the certificate of waiver of rights (Evidence 7), the certificate of transfer (Evidence 8), and the statement of performance (Evidence 9).

On the other hand, there was no consent from the Korea Land and Housing Corporation, the executor in the process of purchasing the above purchase.

C. On December 6, 2016, the Defendant entered into a contract for the sale of housing lots and paid the Plaintiff’s contract bond (hereinafter “instant land”) with the Korea Land and Housing Corporation listed in the separate sheet (hereinafter “instant land”).

(2) The sales contract is to purchase the purchase price of KRW 645,873,00, and the contract deposit of KRW 64,587,300 is to be paid until December 6, 2016 (Evidence A 6; hereinafter “instant sales contract”).

(2) On December 6, 2016, the Plaintiff paid KRW 64,587,300 to the Korea Land and Housing Corporation a contract deposit under the instant sales contract through a licensed real estate agent.

arrow