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(영문) 수원지방법원성남지원 2016.01.07 2015가단212861

매매대금반환

Text

1. The Defendants each of the KRW 75 million to the Plaintiff and the Plaintiff’s annual rate of 5% from September 24, 2015 to January 7, 2016.

Reasons

1. Facts of recognition;

A. The Defendants are qualified to be supplied with a living countermeasure site from Sungnam-si as their land is incorporated into a project zone for the D housing site development project implemented by Sungnam-si, etc. in accordance with the Housing Site Development Promotion Act.

B. On July 18, 2006, the Plaintiff entered into a contract (hereinafter “instant sales contract”) under which the Defendants and the Defendants would be supplied with the right to purchase the land for livelihood countermeasures (hereinafter “the right to purchase the land for livelihood countermeasures”), and paid the Defendants KRW 75 million in return.

C. Following the revision of the Housing Site Development Promotion Act, the resale of a housing site supplied under the said Act was prohibited in principle without using the housing site for the purpose of supply until the time of registration of ownership transfer.

[Housing Site Development Promotion Act (Law No. 8384 of April 20, 2007, July 21, 2007), Article 19-2] D.

On August 8, 2007, Sungnam-si selected the defendants as eligible for the supply of the land for livelihood countermeasures.

On the other hand, on August 10, 2007, Sungnam-si reflected the purport of the amendment of the above Act, and made a public announcement of supply of the land for countermeasures against all the following matters (hereinafter “instant public announcement”).

Qualification for application: A person selected as a person eligible for the supply of a living countermeasure site in relation to the housing site development project: A person selected as a person eligible for the supply of a living countermeasure site shall autonomously organize a non-corporate group, and the representative elected by the partnership shall enter into a contract with Sungnam-si by applying for a living countermeasure site at the time of Sungnam-si and be supplied with a living countermeasure site

The head, executive officers, and members of a cooperative shall be the persons eligible for the supply of land for livelihood countermeasures.

Restrictions on change of name: Change of name can be made once only when the entire name of a cooperative is changed (the change of a contractor), and the shares of members of a cooperative is not allowed, and the change of the entire name of a cooperative is first made.