I got an used 3DS, and it came with 2 EShop games (Pokemon OR and DK Returns), the thing is, the old owner's account is still logged in and I lost all the contact info with him. My question is, if I format the console and log in with my Nintendo ID account, will I still be able to download the games it had installed? I saw some people online saying that those games are console bound instead of account bound, is that true?
I don't think so.
According to Nintendo FAQs:
Your Nintendo Network ID is tied to your software and/or additional content you have purchased and downloaded.
If you format the console setting your own NNID you won't be able to download those games because they are tied to the previous NNID.