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(영문) 인천지방법원 2020.01.15 2019가단200637
수분양권명의변경절차 이행 청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 2008, the Korea Land and Housing Corporation publicly announced compensation guidance for housing site development projects (hereinafter “instant development projects”)

Among them, "1. Persons to be supplied with the Housing Site for Migrants;

2. A person who receives any business compensation;

3. A person who received agricultural compensation of a certain scale or larger (self-employed farmer, leased farmer) provides “20 square meters or larger than 27 square meters or larger than 27 square meters in neighboring residential facilities sites or neighboring commercial sites” as the method of supply. However, it shall be supplied to a cooperative consisting of eligible suppliers.

B. B. The Plaintiff and the other Defendants except the buyer, Defendant E, I, J, and K (Death on January 6, 2018) were each seller, and the sale and purchase price of real estate was written “the sales and purchase contract for the land for livelihood countermeasures in L” in which the indication of real estate and the purchase and sale price are each public column.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff Defendants sold to the third party the right to purchase the land for livelihood countermeasures (hereinafter “instant right to purchase”) to those subject to livelihood measures under the instant development project (Provided, That the deceased M, who is the heir of the network M, who is the person subject to livelihood measures, Defendant E, I, J, and K), and the right to sell the land for livelihood measures to the third party, respectively.

The sales right of this case was transferred before the transfer, and on August 26, 2015, the Plaintiff purchased the sales right of this case from Non-Party N by paying 30 million won each.

The Defendants are obligated to perform the procedure for changing the name of the right to sell in lots to the Plaintiff according to each sales contract.

B. The Defendants did not have concluded a sales contract for the right to purchase the land for countermeasures, and even if not, the sales contract is null and void as alleged by the Plaintiff. Therefore, there is no reason to respond to the Plaintiff’s claim.

3. Determination

A. Articles 19-2 and 31-2 of the former Housing Site Development Promotion Act (Amended by Act No. 10303, May 17, 2010); Article 13-3 of the former Enforcement Decree of the Housing Site Development Promotion Act (Amended by Presidential Decree No. 23113, Aug. 30, 201).

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