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(영문) 서울남부지방법원 2016.06.24 2016가단152
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 17, 2015, in order to be supplied with national housing and private housing under the Housing Act, the Defendant opened an account for comprehensive savings in Han Bank Co., Ltd. and was issued a passbook on April 22, 2015 (hereinafter “instant passbook”).

B. On April 22, 2015, the Plaintiff decided to purchase the instant passbook from the Defendant to two million won, and paid 1.5 million won to the Defendant around that time.

C. At the time of the above sale, the Defendant, respectively, prepared and delivered to the Plaintiff a letter of payment stating that “if the Defendant violated the instant passbook sales contract, the Defendant shall pay KRW 50 million as damages,” and a letter of waiver of rights stating that “the Defendant waives all rights, such as apartment winning rights.”

The defendant was issued the passbook again on October 16, 2015.

E. The main contents of the Housing Act relating to the instant case are as follows.

Article 39 (Prohibition against Disturbance of Supply Order) (1) No person shall transfer or acquire (including all acts accompanying the sale, purchase, donation, and other changes in rights, but excluding inheritance or mortgage; hereafter the same shall apply in this Article) any of the following certificates or positions, or mediate such transfer, acquisition, or advertisement (including acts conducted through various publications, printed materials, telephone, Internet, or other media) for the purpose of transfer, acquisition, or mediation thereof, in order to acquire a supply of housing constructed and supplied pursuant to this Act, and no person shall be supplied with, or have others be provided with, any deed, status or housing constructed and supplied pursuant to this Act by fraud or other improper means:

3. Any person who intends to acquire an occupants' savings certificate under Article 75 (1) may be obliged to deposit in advance all or part of the occupants' savings (hereinafter referred to as "occupants' savings") in advance.

(2) "Occupants' savings" in paragraph (1) means national housing, etc.

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