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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the judgment of the court of first instance, which cited the reasoning of the judgment, is the same as the ground of the judgment of the court of first instance, except where the court additionally determines the Plaintiff’s assertion in 2.
2. Additional determination
A. The Plaintiff’s assertion that the Defendant sold the right of preferential sale to the Plaintiff, but the right of preferential sale was extinguished without fault between the Plaintiff and the Defendant, as G2 association to which the Defendant belongs did not purchase the land from the Korea Land and Housing Corporation. However, according to the obligor risk principle under Article 537 of the Civil Act, the Defendant could not claim for the payment of the purchase price to the Plaintiff, but already received the purchase price from the Plaintiff. Therefore, the Defendant
B. Determination 1) The following facts are acknowledged in full view of the overall purport of the arguments in the items in Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 4, 6 through 9, 10, 11, and 12. ① The defendant shall develop the D Housing Site Development Project implemented by Sungnam-si (hereinafter “instant development Project”).
(B) the right to preferentially purchase commercial site as a part of the daily countermeasure site for EF located in the area of Seongbuk-gu, Sungnam-si (hereinafter referred to as “priority sale right”) because it is selected as a person eligible for the supply of the daily countermeasure site for EF.
(1) the Corporation has obtained the Corporation's license.
② At the time, the Defendant’s status as a person eligible for the supply of the land for livelihood countermeasures is merely the position to acquire the right to sell in the future in accordance with the procedure prepared by the developer of the instant development project, etc., and the specific procedure and method therefor have not been confirmed. On August 24, 2006, the Defendant sold the right of preferential sale to the
③ The subjects of supply of the land for taking measures for living in the instant development project have been supplied with a small commercial site of 27 square meters per capita or of 18 square meters per capita, so a commercial building may be constructed individually in such commercial site.