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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 2014, the Plaintiff purchased the right to sell lots (hereinafter referred to as the “right to sell lots of this case”) with respect to 262m2 square meters for the joint use of stores located in the housing site located in the B district, which is implemented by the Korea Land and Housing Corporation pursuant to the Housing Site Development Promotion Act, by including the Defendant’s land in the housing site development project implemented by the Korea Land and Housing Corporation, and thus the Defendant is selected and supplied as a person eligible for resettlement from the Korea Land and Housing Corporation (hereinafter referred to as the “instant land”). The Plaintiff paid the deposit for sale in this case under the Defendant’s name, and the remainder of the sale price is paid in the Plaintiff’s name after changing the name of the buyer to the Plaintiff, and the Defendant separately concluded a contract to resell the right to sell lots of multi-Korean housing site (hereinafter referred to as the “right to resell
B. On March 31, 2014, the Defendant concluded a sales contract with the Korea Land and Housing Corporation to be supplied with the instant land at KRW 23,44,00 (= KRW 35,496,00) and KRW 234,440,00 in total (= KRW 35,44,000 + KRW 35,496,000 + KRW 175,50,000 (= KRW 35,100,000 + KRW 35,10,000)).
C. On March 31, 2014, the Plaintiff transferred KRW 23,444,00 to the Korea Land and Housing Corporation under the name of the Defendant.
The Housing Site Development Promotion Act applicable to the sale right of this case and the major contents of Enforcement Decree of the same Act are as follows.
[1] A person supplied with a housing site developed pursuant to this Act may not resell (including a change of name, sale, and all other acts accompanying the change of rights, but excluding inheritance; hereinafter the same shall apply) the housing site as it is without using it for the purpose of supplying it until the transfer of ownership is registered.
However, as a countermeasure for relocation.