logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.05.02 2018가합108241
이주자택지분양계약자명의변경절차이행청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The term “the instant house owned by the Defendant” is the Daejeon Sung-gu Daejeon District District of D 54.54m2 and 21.81m2 and below 21.81m2.

Korea Land and Housing Corporation has been included in the E-Development Project area in force.

B. On May 17, 2013, the Plaintiff’s right to sell the instant housing site between the Defendant and the Defendant, and if the Defendant is selected as a person eligible for supply of the said housing site for migrants in the future, the Plaintiff’s right to sell the housing site for migrants (hereinafter “the right to sell

The sale and purchase contract for the sale of the sale to be purchased in the amount of KRW 95 million is 'the sale and purchase contract for the sale of the sale in the case'.

A. The sales price was fully paid on the date of the contract, and at the time the operator did not consent to the sales contract of this case.

C. On August 6, 2018, the Defendant was selected as a person eligible for supply of the said development project sites, and the sales contract of this case between Daejeon Sung-gu C and 288 square meters between the Korea Land and Housing Corporation and the Korea Land and Housing Corporation is "sale contract of this case".

(3) Each entry in Gap evidence 1 to 4 (including paper numbers, the purport of the whole pleadings) that there is no dispute.

2. Determination as to the cause of action

A. According to Articles 19-2 and 31-2 of the former Housing Site Development Promotion Act (amended by Act No. 10303, May 17, 2010; hereinafter “Housing Site Development Promotion Act”), a person who is supplied with a housing site created under the Housing Site Development Promotion Act may not resell the housing site as it is without using it for the purpose of being supplied by the time of the registration of transfer of ownership until the time of the transfer of ownership. However, this restriction may not apply to cases prescribed by the Presidential Decree. In the event of resale of the housing site in violation of such restriction, the pertinent juristic act shall be null

Meanwhile, Article 13-3 of the former Enforcement Decree of the Housing Site Development Promotion Act (amended by Presidential Decree No. 23113, Aug. 30, 201) (hereinafter “Enforcement Decree of the instant case”).

arrow