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(영문) 의정부지방법원 고양지원 2018.06.29 2017가합76664
이주자택지 명의변경절차이행 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Korea Land and Housing Corporation, which is a project implementer for the implementation of a housing site development project and the project implementer for the E-housing site development project for members of Gyeyang-gu Cdong and D Dong (hereinafter “instant housing site development project”), has established relocation measures to supply migrants’ housing site to residents who lose their base of living due to the implementation of the said project. A network G (hereinafter “the network”) that owned FF FF land in Gyeyang-gu, Seoyang-gu, Yangyang-gu (hereinafter “the network”) applied for relocation housing site to the Korea Land and Housing Corporation and was selected as a person eligible for supply of migrants’ housing site around January 2015.

B. The Plaintiff’s acquisition of ownership by transfer 1) H and I (hereinafter “H”)

(2) On February 2, 2015, the Plaintiff and the Deceased’s ownership were incorporated into the instant project, and thus, could be supplied by the implementor of the said project (hereinafter “instant ownership”).

2) The sales contract of this case for the purchase of 96,00,000 won for the purchase of 96,00 won for the sale of this case

A) Around that time, the Plaintiff concluded a contract with H, etc. to purchase KRW 96,00,000 (hereinafter “instant purchase contract”) for the purchase of the instant purchase right at KRW 96,00,000 with H, etc. again on April 13, 2015 (hereinafter “instant purchase contract”).

On the other hand, there was no consent from the Korea Land and Housing Corporation as the executor in the process of the sale contract and resale contract.

C. On December 6, 2016, the Defendant, the deceased’s heir after the conclusion of the contract for the sale of the housing site, concluded a sale contract with the Korea Land and Housing Corporation to purchase the land listed in the separate sheet (hereinafter “instant land”) to be allocated to him/her based on the instant purchase right at KRW 687,241,000 (Evidence A; hereinafter “instant sale contract”).

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