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(영문) 의정부지방법원고양지원 2020.02.07 2019가단94003

조합원 명의변경절차이행 청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

A. In implementing a housing site development project on April 2008, the Korea Land and Housing Corporation announced a person subject to livelihood measures to supply “20 square meters of neighborhood living facilities site or neighborhood commercial site or 27 square meters of neighboring commercial site” as a living countermeasure site.

B. On September 19, 2017, the Korea Land and Housing Corporation notified the original residents, including the Defendant, to be subject to C livelihood countermeasures, and accordingly, the Defendant acquired the right to be supplied with the land for livelihood countermeasures (hereinafter “instant land for livelihood countermeasures”) from the Korea Land and Housing Corporation (hereinafter “instant land for purchase”).

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, and the purport of the entire pleadings is asserted that the plaintiff asserted that the defendant entered into a sales contract of KRW 20,000,000 with respect to the right to purchase of this case with the defendant, and that the defendant primarily sought compensation for damages incurred to the plaintiff by failing to perform his/her duty under the above sales contract, and that the plaintiff should return unjust enrichment equivalent to the above sales price if the above sales contract becomes null and void.

In full view of the legislative purport of the Housing Site Development Promotion Act, which aims to contribute to the stabilization of national residence and the improvement of welfare by prescribing special cases concerning the acquisition, development, supply, management, etc. of housing sites necessary for housing construction to resolve housing shortage in urban areas, the Housing Site Development Promotion Act in principle prohibits, in principle, the resale of housing sites created pursuant to the Act until the time of registration of ownership transfer, and the supply of housing sites is provided. However, in light of the circumstances of supply of housing sites, the Housing Site Development Promotion Act prohibits, in principle, the resale of housing sites created pursuant to the Act until the time of registration of ownership transfer.