매매계약 등 무효확인의 소
All of the instant lawsuits are dismissed.
Litigation costs shall be borne by the plaintiff.
Basic Facts
[Reasons for Recognition: (a) without dispute; (b) Gap evidence Nos. 1, 2, 3; and Eul evidence Nos. 1 through 4 (including each number); and (c) the purport of the whole argument as a whole] When the plaintiff was selected as a person subject to relocation measures as a resident in a housing site development project zone due to being located therein; and (c) on Nov. 20, 2009, the plaintiff prepared a cash custody certificate stating that "the defendant and the defendant shall keep the amount of KRW 15 million in custody of the premium under the contract for special sales of apartment units for the residents of the E new city," and received the said money from the defendant.
On January 22, 2010, the Plaintiff entered into a contract with FF Corporation for the special supply of residential housing to the private person implementing a project on December 2, 2009, and entered into an apartment building with F Corporation and G block project districts on January 22, 2010 (hereinafter “instant apartment”).
On January 22, 2010, the Plaintiff and the Defendant prepared a cash custody certificate stating that “The Plaintiff’s down payment of KRW 38.7 million to the seller pursuant to the sales contract of the apartment in this case was paid by the buyer,” and received the said money from the Defendant.
On April 25, 2011, the Plaintiff paid KRW 405,404,00 as the down payment of KRW 37,540,000 to the Defendant and the instant apartment unit purchase price of KRW 37,540,00 on April 29, 201, the remainder payment of KRW 337,874,00 on April 29, 201, and the remainder payment of KRW 337,874,00 on May 24, 201.
On May 24, 2011, a contract for sale was concluded, and the two parts were changed from the plaintiff to the defendant with the consent of the F Corporation.
The defendant paid the sale price of the apartment in this case on February 12, 2013, and completed the registration of the transfer of ownership of the apartment in this case.
Plaintiff’s assertion
On January 22, 2010, the Plaintiff acquired the right to sell the apartment of this case in the position of being selected as a supply object of the migrants within the housing site development project zone, and entered into a sales contract to resell the right to sell the apartment of this case with the Defendant before entering into the sale contract with the F Corporation and the migrants, and agreed to succeed to the right under the sale contract in accordance with the above sales contract.