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(영문) 수원지방법원 평택지원 2018.11.01 2018가단51766

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C was a person who was residing in the project zone of the D Planning Zone development project and was determined as a person eligible for the supply of the resettlement site, and sold the right to sell the housing site to be supplied by the Gyeonggi-do Urban Corporation, etc. (hereinafter “instant right to sell the housing site”) in the form of a single name “brupted area”.

B. The Plaintiff filed a lawsuit against Suwon District Court No. 2016Gadan10303 against Suwon District Court as follows:

(hereinafter “Related Litigation”) around October 6, 2014, C entered into a contract with E and one other to sell the ownership of the migrant housing site to be supplied by the business operator at the price of KRW 160 million, and the Plaintiff entered into a contract with E to purchase the ownership of the housing site at the price of KRW 170 million (160 million under the contract).

After that, C was selected as a person to be supplied with the residential site for relocation and purchased from the Gyeonggi-do Urban Corporation on May 26, 2016 the amount of 248 square meters.

Therefore, C is obligated to implement the procedure for application for resale to change the names of buyers under the Contract for Sale of Land concluded with the Gyeonggi-do City Corporation with respect to the above land to the Plaintiff who purchased the instant right of sale from E.

C. On August 10, 2017, the above court rendered a judgment dismissing the Plaintiff’s claim on the ground that “The contract on the instant right to sell lots between the Plaintiff and E is null and void in violation of the provisions on the restriction on resale under the Housing Site Development Promotion Act, and thus, it is not permissible to seek the procedure for the Plaintiff’s first supply of the housing site for the first time by the former transferee, and became final and conclusive

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff C sold the instant sales right to E, and E reselled it to the Defendant, and again, the Defendant reselled it to the Plaintiff at KRW 215 million.

The plaintiff paid 200 million won to the defendant.