이주자택지 명의변경절차이행 청구의 소
1. Pursuant to the second preliminary claim, the Defendant shall pay to the Plaintiff KRW 85,00,000 and the full payment with regard thereto from November 28, 2017.
1. On April 2008, the Korea Land Corporation and the Seoul District Headquarters provided guidance to residents on the acquisition of a large-scale land in order to implement the project for the development of a public housing zone in Gyeyang-gu Seoul Metropolitan Government. There was a method of supplying a multi-resident housing site among the compensation methods.
The defendant delivered Goyang-gu D's land to the Korea Land & Housing Corporation, and instead sold the land of migrants.
On February 12, 2010, the Plaintiff entered into a contract with an intermediary to purchase the Defendant’s ownership of the housing site for migrants (hereinafter “instant ownership”) and paid KRW 85 million for the purchase price on that day.
On January 5, 2015, the Korea Land and Housing Corporation granted the Defendant a qualification for an application for resettled housing site.
(Specific land is allotted by lot to the Korea Land and Housing Corporation: Provided, That the Korea Land and Housing Corporation has to comply with 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, and other relevant Acts and subordinate statutes. On November 25, 2016, the migrants allocated to the Defendant was determined as the “Seyang-gu, Soyang-gu E (designated land number) 238 square meters (hereinafter “the instant migrants’ housing site”).
On December 16, 2016, a sales contract was concluded to purchase the instant resettled housing site from the Korea Land and Housing Corporation in the name of the Defendant for KRW 610,767,00.
[Grounds for Recognition: Facts without dispute, entry of Gap evidence 1 through 7 in the evidence No. 9, fact-finding results by the head of Incheon Regional Headquarters of the Korea Land and Housing Corporation, purport of all pleadings]
2. Judgment as to the main claim
A. Since the Plaintiff purchased the instant sales right from the Defendant, the Defendant should change the purchaser’s name as to the housing site for migrants entered in the attached Form to the Plaintiff.
B. Article 32-3 of the Special Act on Public Housing; Article 25 of the Enforcement Decree of the same Act; and Article 10303 of the Housing Site Development Promotion Act (amended by Act No. 10303, May 17, 2010).