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(영문) 대전지방법원 2019.07.10 2018가단218646
위약금 청구의 소
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 5,00,000 and 5% per annum from August 22, 2018 to July 10, 2019.

Reasons

1. Facts of recognition;

A. The 3,691 square meter in Pyeongtaek-si owned by Defendant B was incorporated into E housing creation projects.

B. On April 2016, Defendant B entered into a sales contract with the content that Defendant B would be entitled to the said housing site development project from the Korea Land and Housing Corporation, the implementer of the said housing site development project (hereinafter “instant housing site ownership”). Defendant C, the spouse of Defendant B, jointly and severally guaranteed the obligation related to the instant sales contract.

Meanwhile, in the instant sales contract, the sales price and the buyer’s column are different.

C. On April 27, 2016, the Plaintiff remitted KRW 26 million to F, a licensed real estate agent, and purchased the instant sales right.

On the other hand, Defendant B did not enter into a housing site sale agreement with the Korea Land and Housing Corporation at the time of the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 3, witness G testimony, the purport of the whole pleadings

2. Determination as to the cause of action

A. In full view of the legislative purport of Articles 19-2 and 31-2 of the Housing Site Development Promotion Act, Article 13-3 of the Enforcement Decree of the Housing Site Development Promotion Act (hereinafter “Enforcement Decree”) and the Housing Site Development Promotion Act for the purpose of contributing to the stabilization of national residential life and the improvement of welfare by prescribing special cases concerning the acquisition, development, supply, management, etc. of housing sites necessary for housing construction to resolve the housing shortage in urban areas, the Housing Site Development Promotion Act, in principle, prohibits resale of housing sites created under the Act until the registration of ownership transfer. However, in light of the circumstances of the supply of housing sites, it is necessary to give an opportunity to sell the housing site right before the registration of ownership transfer, or to exceptionally allow resale only when there is no risk of speculative transactions in light of the use of the housing site concerned

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