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(영문) 인천지방법원 2019.10.29 2019가합52538

분양권매매계약 등 무효확인

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1. A contract for the sale of a resettled housing site and a site for countermeasures against livelihood concluded on October 29, 2014 between the Plaintiff and the Defendant is concluded.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who has resided in the Seo-gu Incheon Metropolitan City F, incorporated as a site for the housing site development project of the Incheon Metropolitan City, D Corporation, and Korea Land and Housing Corporation jointly implemented (hereinafter “instant project”).

B. 1) On October 29, 2014, the Plaintiff entered into a sales contract with the Defendant to sell to the Defendant the right to the unsettled housing site that the Plaintiff would be entitled to receive from the project implementer of the instant project in the future, KRW 52 million, and KRW 13 million (hereinafter “instant sales contract”).

(2) On October 30, 2014, in order to secure the performance of the above sales contract, the Plaintiff entered into a deed of promissory note (hereinafter referred to as “notarial deed of each of the instant case”) with a notary public’s KRW 200,000,000,000,000,000,0000,000,000,0000,0000,000,000,0000,000,000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

C. As a result of the examination of an applicant for relocation measures for those who have resided in a residential building in the instant project district, the Plaintiff was selected from the Korea Land and Housing Corporation as eligible recipients for relocation measures on July 28, 2017. As a result of the examination of living measures conducted for those who have engaged in business, farming, etc. in the instant project district, the Plaintiff was selected from the Korea Land and Housing Corporation on October 16, 2017 as eligible recipients for livelihood measures (27 square meters in a neighboring residential facility site).

The above notice of the selection of each eligible person includes that “this notice shall not be an object of any act accompanying changes in rights as a qualified person, such as sale and purchase, security, etc.”

[Ground of recognition] Unsatisfy, A No. 1.