The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff subscribed for the sale of Pyeongtaek-si C apartment units, which correspond to the housing built and supplied in a housing site other than the public housing site under the Housing Act, and won on October 1, 2019, and acquired the ownership of the real estate listed in the separate sheet (hereinafter “instant ownership”) (hereinafter “instant ownership”).

B. Around that time, the Plaintiff agreed to sell the instant sales right in return for money under the name of the premium certificate E through a licensed real estate agent E. In order to transfer the instant sales right, the buyer’s name of the seller, such as the sales contract, was entered in the seller’s column, and delivered it to the said licensed real estate agent.

C. The Defendant paid E money in the name of the premium and received the said documents.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion

A. The sales contract of this case between the Plaintiff and the Defendant (hereinafter “instant resale contract”) is null and void as it was concluded in violation of the restriction on resale under Article 64 of the Housing Act.

B. The Plaintiff prepared a sales contract, etc. on the parcel-out right of this case to the seller in blank, stating the Plaintiff’s personal information, and delivered it to E. This resulted in inducing or aiding and abetting the violation of the Housing Act, hindering the establishment of a sound real estate transaction order, and encouraging tax evasion. Thus, the resale contract of this case is invalid as it constitutes a juristic act contrary to sound social order.

(Violation of Article 103 of the Civil Act).3. Determination

A. As to the assertion that the instant resale contract is null and void in violation of the restriction on resale, violating the specific legal provisions prohibiting certain acts such as a contract under private law.