소유권확인
1. The sales contract between the Plaintiff (Counterclaim Defendant) and C on October 4, 2013 regarding the right to sell housing sites for the migrants of the D District concluded on October 4, 2013 is concluded.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On October 2013, the Plaintiff was residing in the business zone of the D District Development Project, but was in the position to be supplied by the Korea Land and Housing Corporation, etc. when the subject of supply of the migrants housing site is determined.
B. On October 4, 2013, the Plaintiff entered into a sales contract with C to sell the sales right of migrants’ housing sites (hereinafter “instant sales right”) to be supplied by the implementer of the instant zone development project (hereinafter “instant sales right”). At the time, the Plaintiff and C did not obtain consent from the Korea Land and Housing Corporation, which is the implementer of the instant development project, regarding the instant sales contract.
C. Around September 2015, the Defendant purchased the instant sales right through the real estate brokerage office.
After that, on May 24, 2016, the Plaintiff entered into a sales contract with the Korea Land and Housing Corporation (hereinafter “instant sales contract”) in which the said development project is selected as a person eligible for supply of the said development project’s housing site and the Plaintiff would be supplied with the E-type lot number of the housing site to Pyeongtaek-si D District (hereinafter “instant housing site”).
[Ground of recognition] Facts without dispute, Gap 2, 6, 7 evidence, Eul 3 evidence (including each number), the purport of the whole pleadings
2. According to relevant Acts and subordinate statutes and Articles 19-2 and 31-2 of the Housing Site Development Promotion Act, a person supplied with a housing site developed pursuant to the Housing Site Development Promotion Act may not resell the housing site as it is without using it for the purpose of its supply until the registration of ownership transfer is conducted. However, in cases prescribed by Presidential Decree, such restrictions need not apply. In the case of resale of the housing site in violation of such restrictions, the pertinent juristic act shall
Meanwhile, the former.