1. The sales contract of the housing site for relocation concluded on May 16, 2014 between the Plaintiff and the Defendant has no effect.

1. Facts of recognition;

A. The Plaintiff is the owner of land expropriated by the Korea Water Resources Corporation for the implementation of “C Business”.

B. On May 16, 2014, the Plaintiff entered into an agreement with the Defendant and the Plaintiff to sell the ownership of the housing site for relocation under the Housing Site Development Promotion Act (hereinafter “instant ownership”) to be obtained from the Korea Water Resources Corporation for KRW 100 million (hereinafter “instant agreement”). The Plaintiff received KRW 100 million of the purchase price under the instant agreement from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion was concluded prior to the occurrence of the right to sell the instant water to the Plaintiff, and was concluded prior to the statutory resale time, and thus, without the consent of the Korea Water Resources Corporation, which is the project implementer. Therefore, the agreement is null and void pursuant to Article 19-2(1) and (2)

B. (1) According to Articles 19-2 and 31-2 of the Housing Site Development Promotion Act, a person who has been supplied with a housing site developed under the Housing Site Development Promotion Act may not resell the housing site as it is without using it for the supplied purpose until the transfer of ownership: Provided, That this restriction may not apply to cases prescribed by the Presidential Decree, and when he resells the housing site in violation of such restriction, the relevant juristic act shall be null and void and subject to

Meanwhile, according to Article 13-3 of the former Enforcement Decree of the Housing Site Development Promotion Act (wholly amended by Presidential Decree No. 26485, Aug. 11, 2015) (hereinafter “Enforcement Decree of this case”), “cases prescribed by Presidential Decree” in the proviso to Article 19-2(1) of the Housing Site Development Promotion Act refers to cases where the consent of the implementer is obtained by falling under any of subparagraphs 1 through 9: Provided, That in cases falling under subparagraphs 1, 2, 5, and 7, only those who were supplied with the first housing site from the implementer