A. The deceased G (hereinafter “the Deceased”) is the owner of the real estate indicated in the attached Form (hereinafter “the instant real estate”) expropriated by the Korea Water Resources Corporation for the implementation of “H development project.”

B. On June 14, 2014, the Deceased and the Defendant concluded a sales contract to sell to the Defendant for KRW 100 million the ownership of resettled housing sites under the Housing Site Development Promotion Act (hereinafter “instant ownership”) that the Deceased would receive from the Korea Water Resources Corporation (hereinafter “instant sales contract”).

(c)

The Defendant paid KRW 100 million to the Deceased according to the instant sales contract.

(d)

Plaintiff

D is the deceased's spouse, and the plaintiff A, B, and E are the deceased's children.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the main claim

A. (1) The Plaintiffs’ assertion 1) The instant sales contract was concluded before the Deceased’s supply of a re-owned housing site from the Korea Water Resources Corporation, a project executor, before the statutory resale period, and was without the consent of the Korea Water Resources Corporation, which is the project executor, and thus, is null and void pursuant to Article 19-2(1) and (2) of the Housing Site Development Promotion Act.

2) According to Articles 19-2 and 31-2 of the former Housing Site Development Promotion Act (amended by Act No. 13378, Jun. 22, 2015; hereinafter “Housing Site Development Promotion Act”), a person who has been supplied with a housing site created under the Housing Site Development Promotion Act may not resell the housing site as it is without using it for the supplied purposes until the registration of transfer of ownership is completed, provided that such restrictions may not apply to cases prescribed by Presidential Decree, and where the housing site is resold in violation of such restrictions, the relevant juristic act shall be null and void and subject to criminal punishment.

On the other hand, the former Enforcement Decree of the Housing Site Development Promotion Act (wholly amended by Presidential Decree No. 26485 on August 11, 2015).