1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The real estate listed in the attached list owned by the Plaintiff was incorporated into the C&A project zone implemented by the Korea Land and Housing Corporation, and accordingly, the Plaintiff became able to be supplied with the housing site from the Korea Land and Housing Corporation when it becomes finalized

On September 25, 2009, the Plaintiff entered into a sales contract of KRW 60,000,000 with respect to the right to sell the housing site to be received from the Korea Land and Housing Corporation (hereinafter “instant right to sell”) (hereinafter “instant sales contract”).

On February 16, 2015, the Plaintiff was selected as a person eligible for supply of a resettlement site, and entered into a sales contract with the Korea Land and Housing Corporation on March 9, 2015 with respect to 4-5 square meters of the Gangseo-gu Busan Metropolitan Government D block (Concurrent use of a lot number E and a store for a designated purpose) of 267 square meters.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Eul evidence 1, Eul evidence 6, Eul evidence 7, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) The sales contract of this case was concluded before the occurrence of the right to sell the housing site to the Plaintiff, as well as the purchase and sale contract of this case was concluded before the occurrence of the right to sell the housing site to the Plaintiff, and is null and void since

(2) Even if it is possible to resell a housing site prior to the supply of the housing site, it is null and void on the ground that there was no project operator’s consent.

B. The Defendant’s assertion that the sale right of this case can be resold with the consent of the project operator, and the Plaintiff is obligated to implement the procedure for applying for the consent to the resale of the Korea Land and Housing Corporation, which is the project operator, pursuant to the principle of flexible invalidation before the consent is obtained. Thus, the above sale contract cannot be deemed as null and void.

3. Article 19-2 (Restriction, etc. on Resale of Housing Sites) (1) of related Acts and subordinate statutes;