이주자택지 명의변경절차이행 청구의 소
1. The judgment of the court of first instance is modified as follows.
The Defendants shall pay to the Plaintiff KRW 31,66,666, respectively, as well as to the Plaintiff.
1. Facts of recognition;
A. Goyang-gu G ground housing owned by the deceased B (the death on November 28, 2017, during which the instant lawsuit is pending; hereinafter “B”) was included in the project zone for the development of the F District housing site in which the Korea Land and Housing Corporation is implementing.
B. On January 29, 2015, H entered into a contract with B for purchasing KRW 95 million of the ownership of a resettled housing site (hereinafter “instant ownership purchase contract”) to be supplied by the said project implementer as the said housing owned by B was incorporated into a housing site development project for the F Zone.
C. Around February 2015, the Plaintiff concluded a contract to purchase the instant ownership (hereinafter “instant purchase agreement”) with H to purchase the ownership of the instant ownership (hereinafter “instant purchase agreement”).
On the other hand, there was no consent of the Korea Land and Housing Corporation, the executor in the process of the sale contract and resale contract.
B The housing site of the migrants in this case is referred to as "the housing site of the migrants" between the Korea Land and Housing Corporation on December 7, 2016 and the Korea Land and Housing Corporation.
The sales contract of this case shall be purchased in 597,936,000 won, and the contract deposit of 59,793,600 won shall be paid until December 7, 2016 shall be referred to as the "sale contract of this case."
E) On December 6, 2016, the Plaintiff paid KRW 59,793,600 to the Korea Land and Housing Corporation as the contract deposit under the instant sales contract. B died on November 28, 2017 while the instant lawsuit was pending, and the Defendants are the successors of B. (g) On December 15, 2017, the Defendants deposited KRW 63,438,553, including the statutory interest of the Defendant at the Incheon District Court Branch of Incheon District Court for the reason that the Plaintiff paid KRW 59,793,60 on behalf of the Defendants without any legal cause. (i) On December 15, 2017, the Defendants deposited KRW 63,438,553, including the statutory interest of the Defendant at the time, with the Plaintiff as the depositee as the Plaintiff. [In the absence of any dispute over recognition, Gap’s evidence Nos. 1 through 7, 17, 18, 19, 222, and 9 respectively.