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(영문) 서울중앙지방법원 2015.02.12 2013가단5184836

원상회복

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants are persons who have and had real estate in an area prearranged for the development of the F Housing Site.

B. In early 2004, the Defendants entered into a sales contract with G and H on the condition that the purchaser would change the name with respect to the right to purchase a lot of 26.4 square meters of the living countermeasure site, which is the compensation for relocation measures for each housing site development project, and received the purchase price from G. The Plaintiff purchased the Defendants’ right to purchase from H, and concluded a sales contract with Defendant B and C on the right to purchase a lot of land directly with Defendant B.

C. Around August 2007, the Defendants were determined to be eligible for the supply of 26.4 square meters of each living countermeasure site.

On August 10, 2007, Sungnam-si, Korea Land Corporation, Korea National Housing Corporation, which is a contractor of a housing site development project for the F District, announced the supply of F-living Countermeasures Site, and the main contents thereof are as follows:

- Qualification for application: A person selected as a person to be supplied with a living countermeasure site in relation to the instant project - A person selected as a person to be supplied with a living countermeasure site: A person selected as a person to be supplied with a living countermeasure site constitutes a partnership in the form of a non-corporate group autonomously and the representative elected by the partnership formed a living countermeasure site in the form of a partnership and entered into a supply contract with

- The president, officers, and members of an association must be the recipients of land for livelihood countermeasures.

- Restrictions on change of name: Change of name on April 20, 207 in accordance with the revision of the Housing Site Development Promotion Act is allowed only once when the change of name is made in whole name of the cooperative (contractor's name) and the change of ownership of union members is not allowed. Change of the entire name of the cooperative can be allowed only once after one month from the date of the first contract (the first prize union) or after two weeks (2,3 prize associations) after the date of the first contract, and the subsequent purchaser is not allowed by the time of the transfer of ownership.

(e) Persons selected as those eligible for the supply of sites for livelihood countermeasures;