beta
(영문) 수원지방법원평택지원 2020.04.09 2018가합11284

매매계약 등 무효 확인

Text

1. The sale and purchase contract concluded between the Plaintiff and the Defendant on February 21, 2017 and March 2017.

Reasons

1. Basic facts

A. (1) The Korea Land and Housing Corporation (Korea Land and Housing Corporation) implemented a D district development project pursuant to the Housing Site Development Promotion Act in Pyeongtaek-si C in around 2012. (2) The Plaintiff is a person who is supplied with a housing site for migrants in the housing site development project zone due to the expropriation of housing, land, etc. due to the implementation

B. On September 8, 2012, the Plaintiff entered into a sales contract for the sales right of this case with E, with the purport that the Plaintiff would sell the sales right on the housing sites of migrants to be supplied by the Korea Land and Housing Corporation (hereinafter “instant sales right”) in the future, to E, the sales right of this case was to be sold to E, and KRW 64 million was paid from E on September 8, 2012. < Amended by Presidential Decree No. 23758, Sep. 8, 2012; Presidential Decree No. 23788, Sep. 8, 2012>

C. On May 23, 2016, the Plaintiff was selected as a person to be supplied with a housing site for migrants and on May 23, 2016, and real estate listed in the separate sheet (provisional lot number before confirmation: Pyeongtaek-si F, and hereinafter referred to as “instant land,” regardless of whether before or after the parcel number is determined

(2) The sales contract of this case is the sales contract of this case which is supplied for KRW 32,7310,000 (hereinafter “instant sales contract”).

(2) On May 23, 2016, the date of the instant sales contract, KRW 32,731,000, which was the date of the instant sales contract, was paid to the Korea Land and Housing Corporation.

On February 19, 2017, the Defendant made a sales contract (No. 1) with the content that the Plaintiff would sell the instant sales right to G, a licensed real estate agent, to the Defendant on February 21, 2017. 2) On February 21, 2017 between the Plaintiff and the Defendant, a sales contract (No. 373,7310,000 won including the amount of KRW 37,7310,000,000,000,000 won (the sum of KRW 32,731,00,000,000) was to sell the instant sales right to the Defendant.

The terms and conditions of the instant contract are as follows.