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(영문) 서울남부지방법원 2019.09.05 2019가단217685
이주자택지수분양권매매계약 무효확인
Text

1. On March 18, 2014 between the Plaintiff and the Defendant, buildings not registered on the ground of Seo-gu Incheon Metropolitan City, which were concluded on March 18, 201.

Reasons

1. Basic facts

A. The Plaintiff is the owner of a building not registered on the land of Seo-gu Incheon Metropolitan Government (hereinafter “instant building”).

B. In relation to D Development Project (hereinafter “instant Development Project”), the area where the instant building was located was designated as the E Housing Site Development Area on June 28, 2007.

C. On March 18, 2014, the Plaintiff entered into a sales contract with the Defendant for the right to the housing site of migrants that the Plaintiff would receive from the operator of the instant development project (Seoul Metropolitan City, F Corporation, and Korea Land and Housing Corporation) (hereinafter “instant sales contract”). D.

On July 28, 2017, the FF Corporation notified the Plaintiff that the Plaintiff was selected as eligible recipients of the resettled housing site as a result of the examination of the applicant for relocation measures.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the cause of action

A. In full view of the relevant legal principles and Articles 19-2 and 31-2 of the Housing Site Development Promotion Act, the provisions of Article 13-3 of the former Enforcement Decree of the Housing Site Development Promotion Act (amended by Presidential Decree No. 26485, Aug. 11, 2015) (hereinafter “Enforcement Decree of the instant case”) and the legislative purport of the Housing Site Development Promotion Act for the purpose of contributing to the stabilization 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 in order to resolve the housing shortage in urban areas, the act of resale of housing sites is prohibited in principle by the Housing Site Development Promotion Act until the time of registration of transfer of ownership. However, in light of the circumstances of the supply of housing sites, it is necessary to give an opportunity to sell the housing site before the registration of transfer of ownership, or it is exceptionally permitted only when there is no concern about speculative transactions in light of

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