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(영문) 인천지방법원 2014.11.28 2014가합53178
매매대금등반환청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

A. G is a person selected as a person subject to relocation measures and livelihood measures for the Jung-gu Incheon Metropolitan City H development project (hereinafter “instant project”).

B. G: (a) died on August 9, 2012 (hereinafter “the deceased”); (b) his/her heir was Defendant C, D, E, and F, who is his/her spouse, and his/her spouse.

C. On February 10, 2014, the Incheon Urban Corporation, the project implementer of the instant project, made a “public announcement of supply of land for countermeasures against H development projects (general commerce)” (hereinafter “instant public announcement”), and the main contents are as follows.

It is allowed to change the name of an unincorporated association in the form of a non-corporate association comprised of those selected and notified to be eligible for livelihood measures in the H development project district - only when all the equity shares of the association members are transferred in a lump sum, and it is not permitted to transfer and acquire the equity of each member of the association.

- Change of name can be made only once by the first purchaser association pursuant to Article 19-2 of the Housing Site Development Promotion Act, Article 13-3 of the Enforcement Decree of the same Act, and Article 11-2 of the Enforcement Rule of the same Act, and only when the first purchaser is below the supply price limit, and in the case of re-purchase, change of name can be made

- In the event of inheritance, one person shall hold an agreement on the division of the inherited property at the time of agreement on division of the inherited property.

Article 19-2 (Restriction, etc. on Resale of Housing Sites) (1) No person supplied with a housing site developed under this Act may resell (including change of name, sale, and all other acts accompanying change of rights, but excluding inheritance) the housing site as it is without using it for the purpose of the supply thereof, until completing the registration of ownership transfer.

Provided, That housing construction sites supplied for relocation measures, etc. prescribed by Presidential Decree.

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