이주자택지 명의변경절차이행 청구의 소
1. Pursuant to the second preliminary claim, the Defendants each amounting to KRW 31,66,60,660 to the Plaintiff as well as their respective amounts from December 3, 2017.
1. In fact, on April 2008, the Korea Land Corporation and the Seoul District Headquarters provided a compensation guidance to the previous residents when acquiring the relevant large-scale land for the project to develop the F Public Housing District in Gyeyang-gu, Gyeyang-gu, Seoul. The method of providing the housing site for the migrants among the compensation methods.
The deceased B (hereinafter “the deceased”) delivered Goyang-gu G ground housing to the Korea Land and Housing Corporation, and instead sold a resettled housing site, in which the lawsuit in this case is pending.
On January 5, 2015, the Korea Land and Housing Corporation granted the deceased the eligibility to apply for housing sites for migrants.
(Specific Land is allotted by lot of the Korea Land and Housing Corporation. However, the Korea Land and Housing Corporation has to comply with relevant statutes, such as Article 32-3 of the Special Act on Public Housing, Article 25 of the Enforcement Decree of the same Act, Article 19-2 of the Housing Site Development Promotion Act, and Article 13-3 of the Enforcement Decree of the same Act. On January 29, 2015, the Deceased sold “the instant right to parcel out lots” to H on 95 million won and delivered all documents related thereto, such as an application for relocation measures, to H, and H paid the purchase price of KRW 95 million to the Deceased by February 6, 2015. After that, the relocation allocated to the Deceased on or around November 25, 2016 was finalized as “the instant housing site to be located in Gyeyang-gu I (Uyangyang-gu) 23 square meters (hereinafter “the instant site”).
On December 6, 2016, KRW 59,793,600 of the down payment was paid to the Korea Land and Housing Corporation under the name of the deceased, and on December 7, 2016, the sales contract for the instant migrants was concluded with the Korea Land and Housing Corporation and the sales price of KRW 597,936,000 in the name of the deceased.
The Plaintiff filed the instant lawsuit with H that it was transferred the right to sell the instant case.
However, the Defendants, the deceased’s inheritor, paid the down payment of KRW 59,793,60 on behalf of the Defendants without any legal ground, and on December 2017.