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1. The Defendant’s KRW 135,00,000 for the Plaintiff and the following: 5% per annum from December 7, 2007 to May 16, 2015.
Reasons
1. Basic facts
A. The Korea National Housing Corporation (the Korea Land and Housing Corporation was merged with the Korea Land and Housing Corporation on October 1, 2009, and the Korea Land and Housing Corporation was the same as before and after the merger; hereinafter referred to as the “Housing Corporation”) had been implementing the housing site development project of the Do District in Seongbuk-si (hereinafter referred to as the “instant project district”) around 2005, it was selected as a housing site supplier (hereinafter referred to as the “person to be supplied with the instant housing site”) by those who owned the land in the instant project district prior to the basic date and transferred the land above the basic area to the Housing Corporation by consultation, and granted them the right to purchase a certain area out of the instant housing site or block-type detached housing site in the instant project district at the appraised price.
B. A around 2005, was selected as the subject of supply of the instant housing site from the Housing Corporation and was granted the right to purchase part of the block-type detached housing site (C block) in the instant project district (hereinafter “instant housing site purchase right”).
C. On October 26, 2006, the Defendant purchased the instant housing site purchase right from A with D at KRW 100 million.
On December 6, 2007, the Plaintiff entered into a sales contract with E, a form of a punishment for the Defendant, to purchase the “300 square meters of the site of the instant project district” with the “35 million square meters of the site of the instant project district (CBL)” (hereinafter “instant sales contract”), and paid KRW 135 million to E on the same day.
E. The right to purchase a block-type detached housing site, including the instant right to purchase the instant housing site, may be exercised in the name of all association members by organizing the association by block, and the exercise of a certain union members’ right to purchase the instant housing site or a change of name is not allowed. In addition to A who originally acquired the right to purchase the instant housing site, the Defendant or the Plaintiff directly exercises the right to purchase the instant housing site against the housing construction company.