매매대금반환
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The plaintiffs are the buyers of the right to lease public rental apartment (hereinafter "the right to move in in in this case"), Defendant D, E, F, and G are the buyers of the right to move in in in this case, and Defendant H Licensed Real Estate Agents, I (Licensed Real Estate Agents), and J are the brokers at the time of the sale and purchase of the right to move in in in in this case.
B. The Plaintiff A purchased the occupancy right of this case from Defendant D in KRW 18,00,000 on October 19, 2009, and KRW 18,000,000 on December 24, 2009 from Defendant E (Defendant H, I, and J mediation) (Defendant H, I, and J mediation) and Plaintiff B purchased the occupancy right of this case from Defendant F in KRW 18,00,000 on October 209.
(3) The Plaintiff purchased the right to move from Defendant G to KRW 19,00,000 on November 23, 2009 (Defendant H and I brokerage). C. As of the date of the closing of argument in the instant case, no residential environment improvement project is underway as of the date of the closing of argument. / [Grounds for recognition] Defendant E: The judgment by service by public notice (Article 208(3)3 of the Civil Procedure Act: The remaining Defendants: the absence of dispute; the written evidence Nos. 1 through 4; the inquiry results of the fact-finding conducted by the Korea Licensed Real Estate Agent Association; the purport of the entire pleadings;
2. Plaintiffs’ claims against Defendant D, E, F, and G
A. Since the contract of occupancy right of this case is null and void due to the following grounds after the plaintiffs' assertion, the above defendants, the seller, should return the purchase price to the plaintiffs.
1) In the first place, the sales contract of the instant occupancy right is null and void in violation of Article 19 of the Rental Housing Act, which prohibits the transfer of the right to lease of a rental house. 2) Preliminaryly, the instant occupancy right sales contract became impossible due to a cause not attributable to the party, since the residential environment improvement project in the cooling-gu was not in progress.
B. (1) Determination 1) The former Rental Housing Act (wholly amended by Act No. 8966, Mar. 21, 2008) is amended.