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(영문) 수원지방법원 성남지원 2018.11.27 2016가단14477

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either as a dispute between the parties or as a result of the fact inquiry and reply to the head of the branch office of the Korea Land and Housing Corporation of this Court, the witness’s testimony by considering the whole purport of the pleadings. A.

In around 2006, the Plaintiff operated livestock penss on the D’s ground in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, and information was examined that the said area is incorporated into E, “E,” a national rental housing complex development project implemented by the Korea Land and Housing Corporation (the Korea National Housing Corporation at that time was the Korea National Housing Corporation), and the Defendant purchased the said livestock shed from F, the Plaintiff’s agent, as the Plaintiff’s agent (hereinafter “D livestock shed”).

B. Since then, F requested the Defendant to prepare a written waiver of the right to D livestock pens by suggesting that “I would like to take one Dong on the ground of Sung-nam city, Sung-nam City, which can receive a living countermeasure site.”

C. On September 11, 2007, the Defendant issued and delivered a written waiver to the Plaintiff (hereinafter “instant waiver note”) to the effect that “If the Plaintiff was selected as a person subject to livelihood measures with respect to the livestock pens located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, as the subject of livelihood measures by the Korea Land and Housing Corporation, the Plaintiff waives all rights and transfers them to the Plaintiff.”

On July 2010, the Korea Land and Housing Corporation notified the Defendant that “Around July 2010, the Defendant was determined as a person subject to livelihood measures (27 square meters in a shopping site, 18 square meters in a commercial site).”

E. On April 20, 2016, the Korea Land and Housing Corporation made a public announcement of supply of the E-living Countermeasure Site (hereinafter “instant public announcement”) to a non-corporate group consisting of persons subject to supply via E-living countermeasures (hereinafter “instant public announcement”). The change of title is limited to only one case where the first purchaser (cooperative) obtains consent from the Corporation pursuant to Article 19-2 of the Housing Site Development Promotion Act and Article 13-3 of the Enforcement Decree of the same Act.