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(영문) 청주지방법원 2017.11.29 2017가합201054
계약자 지위 확인 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) Cheongju-si U.S. A. 446 square meters (hereinafter “instant land”).

On August 5, 2008, the instant land was originally owned by the management agency (Korea Forest Service). On July 30, 2015, the registration of ownership transfer was completed on the ground of a consultation on the land for public use on June 15, 2015. (2) At the time of the Korea Land and Housing Corporation, the instant land had two initial houses on the instant land, but at the same time, E had the remainder, and E had the F and the Defendant, who are the couple of E, respectively.

B. From May 2008, the Korea Land and Housing Corporation implemented the H Housing Site Development Project (hereinafter “instant project”) at the reasonable G Dong-dong, Dong-gu, Cheongju District.

C. On December 10, 2010, the Plaintiff prepared a sales contract (hereinafter “instant contract”) with respect to the right of sale of migrants’ housing sites to be supplied by the Korea Land and Housing Corporation as part of the instant land as part of the instant project (hereinafter “instant right of sale”) between F and F. The Plaintiff’s name is indicated in the “E”, “F”, “seller’s agent”, and “Buyer” as the Plaintiff’s name.

Based on the instant sales contract, the Plaintiff remitted total of KRW 34,00,000,000 on October 10, 201, and KRW 24,000,000 on January 7, 201, to the account in the name of the Defendant pursuant to the instant sales contract.

E. On May 17, 2016, the Defendant: (a) made the location of a house as “Cheongju-si, substantial Gu C”; and (b) on May 17, 2016, upon having the location of a house as “Cheongju-si, considerable Gu D”; (c) submitted an application for migration and livelihood measures to the head of the Chungcheongbuk-gu regional headquarters of the Korea Land and Housing Corporation to H development project area; and (d) concluded a sales contract by determining only the Defendant as the person to be supplied with the unsettled housing site on November 28, 20

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 7, Eul evidence 4, 6, 7 (including those with serial numbers).

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