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Defendant B’s KRW 600,000,000 as well as 5% per annum from November 7, 2019 to August 14, 2020.
Reasons
1. Basic facts
A. On June 16, 2017, the Plaintiff and D and E (hereinafter “Plaintiffs, etc.”) entered into a sales contract with Defendant B, with the purchase price of KRW 600,00,000,00 (=20 sales right x 30,000,000) to purchase the land for daily countermeasures to be supplied under the Housing Site Development Promotion Act by 20 persons, including F, etc. (hereinafter “F, etc.”). The Plaintiff, etc. paid KRW 600,000,000 on the same day to Defendant B.
(hereinafter “instant sales contract”). B.
D. On August 27, 2019, D and E agreed to transfer all rights under the instant sales contract to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 6, the purport of the whole pleadings
2. Determination on the validity of the sales contract of this case
A. According to the relevant legal principles and Articles 19-2 and 31-2 of the Housing Site Development Promotion Act, a person supplied with a housing site may not resell the housing site as it is without using it for the purpose for which it was supplied until the registration of ownership transfer is conducted. However, in cases prescribed by Presidential Decree, such restriction may not apply. In the event of resale of the housing site in violation of such restriction, the pertinent legal act becomes null
Article 13-3 of the Enforcement Decree of the Housing Site Development Promotion Act provides for special cases not subject to the restriction on resale. In the case of housing construction sites supplied according to the implementation of relocation measures under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (Article 13-3), a person who first supplies housing sites from the implementer shall not be subject to
In order to solve the housing shortage in urban areas, the stability of national residential life and the improvement of welfare by prescribing special cases concerning the acquisition, development, supply, management, etc. of housing sites necessary for housing construction.