beta
(영문) 수원지방법원성남지원 2016.07.15 2015가단214119

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 1, 2009, the Korea National Housing Corporation (hereinafter “Corporation”) carried out a housing site development project for Sungnam District. On July 28, 2005, the Korea National Housing Corporation (hereinafter “Corporation”) notified that a person subject to housing site supply that all of the land above the standard size was transferred to the Defendant through consultation with the Defendant in relation to the above project, and that the person subject to housing site supply is the one subject to housing site relocation and living measures that grant a right to preferentially purchase the housing site or block type.

B. On May 31, 2006, the Defendant entered into a sales contract with the Plaintiff on KRW 90,000,000 of the purchase price (hereinafter “instant sales contract”). On June 12, 2006, the Defendant entrusted the Plaintiff with the preparation of a notarial deed that issues promissory notes worth KRW 130,000,000 at face value to the Plaintiff in order to prepare for double trade, etc. with the payment of the purchase price under the instant sales contract by June 12, 2006.

C. Around September 5, 2006, the Corporation notified a person subject to the supply of a housing site, including the Defendant, of the procedures for the selection of the housing site.

On September 15, 2006, the Plaintiff directly participated by way of necessary documents, such as power of attorney, etc. from the Defendant, and the Plaintiff won the winning of “the block-type detached house site” among the “the relocation plan site,” “the single house site,” “the single house site,” and “the block-type detached house site.”

However, despite the demands of the Corporation, the Plaintiff did not enter into a contract for a construction project and a “a block-type detached house site”, and the Corporation notified the Defendant of the cancellation of the selection of a housing site supplier, a consultation transfer, around June 15, 2012.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7 (including branch numbers), the fact-finding results to the head of the branch office of the Korea Land and Housing Corporation and the purport of the whole pleadings

2. The argument and judgment.