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(영문) 수원지방법원 2017.07.13 2016나64647
매매대금반환
Text

1. Revocation of the first instance judgment.

The defendant shall pay to the plaintiff KRW 90,000,000 as well as to the plaintiff from June 12, 2006 to July 29, 2015.

Reasons

1. Basic facts

A. The Korea National Housing Corporation (the Korea Land and Housing Corporation was merged with the Korea Land and Housing Corporation on October 1, 2009, and the Korea Land and Housing Corporation was the same as before and after the merger, and the Korea Housing Corporation (the “Housing Corporation”) performed the housing site development project of the Sungnam-si District in 2005, and owned the land in the project district of this case before the base date and granted the right to select those who transferred the land above the standard size to the Korea Housing Corporation as a housing site supply object by consultation, and to purchase a certain area of the housing site or block block-type housing site in the project district of this case at the appraisal price.

B. On July 28, 2005, the Defendant was notified of the fact that he was selected from the Housing Corporation as eligible to supply the instant housing site and was given the right to preferentially purchase part of the detached housing site or block-type detached housing site within the instant project district (hereinafter “instant right to purchase the housing site”).

C. On May 31, 2006, the Plaintiff purchased the instant housing site purchase right of KRW 90 million from the Defendant (hereinafter “instant sales contract”) and paid the remainder amount of KRW 10 million on the same day, and KRW 80 million on June 12, 2006.

Meanwhile, in the event of double selling, etc. by the Defendant, the Plaintiff prepared and issued promissory notes with a face value of KRW 130 million and a notarial deed thereon in order to guarantee the payment of the above purchase price when there is a double selling by the Defendant.

On September 5, 2006, the Housing Corporation notified the housing site lottery procedure to the housing site supply subject who is a transfer through consultation, including the defendant.

On September 15, 2006, the Plaintiff directly participated in the required documents, such as power of attorney, etc. by the Defendant, and the Plaintiff won the winning of “the block-type detached house site” among the “the relocation plan site,” “the single house site,” “the single house site,” and “the block-type detached house site.”

E. A block-type detached house site including the instant housing site purchase right.

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