이주택지분양권 매매계약 무효확인
1. The right to sell the housing site concluded on September 4, 2014 between the Plaintiff and the Defendant with respect to the real estate stated in the separate sheet.
1. The fact that the Plaintiff was the owner of the real estate indicated in the attached Form, and that the Plaintiff entered into a contract to sell the ownership of the housing site to be supplied by the Korea Water Resources Corporation to the Defendant on September 4, 2014 due to the expropriation of the said real estate in the future (hereinafter “instant sales contract”) and received the sale price in the amount of KRW 110 million (hereinafter “instant sales contract”), may be recognized either as a dispute between the parties or by the statement in the
2. Determination on the cause of the claim
A. The Plaintiff’s assertion that the instant sales contract was concluded prior to the occurrence of the right to purchase the resettlement site to the Plaintiff, and was concluded prior to the statutory resale period, without the consent of the Korea Water Resources Corporation, which is the project implementer, and thus, is null and void pursuant to Article 19-2(1) and (2)
B. 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 is 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 purpose of being supplied by the time of the transfer of ownership until the time of the transfer of ownership. However, in cases prescribed by Presidential Decree, such restriction may not apply; however, in cases of resale of the housing site in violation of such restriction, the relevant juristic act
Meanwhile, according to Article 13-3 of the former Enforcement Decree of the Housing Site Development Promotion Act (wholly amended by Presidential Decree No. 26485, Aug. 11, 2015) (hereinafter “Enforcement Decree of this case”), “cases prescribed by Presidential Decree” in the proviso to Article 19-2(1) of the Housing Site Development Promotion Act refers to cases where the implementer obtains consent from the implementer because it falls under any of subparagraphs 1 through 9: Provided, That in cases falling under subparagraphs 1, 2, 5, and 7, it is only applicable to a person who was supplied with a
No. 1 through 5 of the Enforcement Decree of the instant case.