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(영문) 인천지방법원 2020.01.09 2019가합50938
분양권매매계약 등 무효확인
Text

1. The contract between the Plaintiff and the Defendant for the right to the housing site of migrants on February 23, 2015 and the contract for the right to the housing site and the contract for the livelihood countermeasures.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who has resided in Incheon Seo-gu Incheon Metropolitan City as a site for the F Housing Site Development Project jointly implemented by Incheon Metropolitan City, Incheon City, and Korea Land and Housing Corporation (hereinafter “instant project”).

B. 1) On February 23, 2015, the Plaintiff entered into a sales contract with Defendant B on the following terms: (a) the Plaintiff’s right to the unsettled housing site that the Plaintiff would be entitled to receive from the operator of the instant project in the future; and (b) the Plaintiff’s right to the land for countermeasures against daily life to sell KRW 13 million to Defendant B (hereinafter “instant first sales contract”).

(2) In order to secure the performance of the first sale contract of this case, the Plaintiff made and delivered to Defendant B a letter of transfer, a statement of performance, a statement of waiver of right, a statement of delegation of sale right, a statement of transaction, a promissory note, and a statement of delegation on the preparation of a notarial deed. (2) On the other hand, in order to secure the performance of the first sale contract of this case, the Plaintiff made and issued a notarized E’s No. 31 of March 17, 2015, a promissory note No. 32 of March 17, 2015, in face value of KRW 200,000,000,000,000,000 won, the issuer, Plaintiff B, Defendant B, and the date of issuance of a Promissory note No. 1 of this case, and a notarial note No. 32 of March 17, 2015, respectively.

C. (1) Around December 2017, Defendant B reselled the above rights to Defendant C, and in the process, the Plaintiff sold to Defendant C the right to the housing site in the name of the Plaintiff and sold the right to the housing site in the name of the Plaintiff to Defendant C in the amount of KRW 250 million, and the right to the housing site in the name of the Plaintiff was sold (However, the purchase price was in blank).

2) The sales contract between the Plaintiff and the Defendant C (hereinafter “instant second sales contract”) is deemed to be a sales contract.

was drawn up.

At the request of Defendant B, the Plaintiff also transferred to Defendant C in relation to the second sale contract of this case.

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