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(영문) 수원지방법원 안양지원 2021.03.31 2020가단103410
손해배상(기)
Text

Defendant B’s KRW 3,300,00, Defendant C, D, and E respectively and Defendant B, C, and D with respect to each of them, respectively.

Reasons

1. Basic facts

A. The deceased F (Death on May 26, 2015) owned G 1,567 square meters (hereinafter “instant real estate”). The instant real estate was modified by the Korea Land Housing Corporation as the Special Act on the Construction of Bogeumjari Housing, etc. under the former Special Act on the Construction of Bogeumjari Housing, etc. on January 14, 2014 by Act No. 12251 on January 14, 2014, and the Special Act on the Construction of Public Housing, etc. again changed into the Special Act on Public Housing, etc. by Act No. 13498 on August 28, 2015 to the Special Act on Public Housing.

Based on the foregoing, H Dong and I were incorporated into the instant project area in accordance with the implementation of the J public housing project (hereinafter “instant project”) in the area of 1,353,180 square meters in Dong-si and Dong-won 1,353,180 square meters.

B. On May 26, 2015, the networkF acquired the right to transfer the instant real estate from the Korea Land and Housing Corporation under Article 24(5)4 of the Enforcement Decree of the Special Act on Public Housing to the Korea Land and Housing Corporation on June 4, 2015 in response to the consultation by the Korea Land and Housing Corporation under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “instant right to sell the instant land”).

(c)

On the other hand, on November 16, 2013, the Plaintiff entered into a sales contract with the net F to purchase KRW 100,000,000 for the instant sales right to be acquired in the future (hereinafter “instant sales contract”). On November 21, 2013, the Plaintiff paid KRW 100,000 to the net F. The main contents of the instant sales contract are as follows.

Terms and conditions - The owner of the instant real estate shall have the right to sell the housing site in consultation between 80 square meters and 100 square meters to be acquired by the land, etc. due to the consultation compensation from the Korea Land and Housing Corporation due to the designation of the J Public Housing District.

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