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(영문) 의정부지방법원 2017.03.14 2016나50673
손해배상(기)
Text

1. All of the plaintiff's claims that are changed in exchange at the trial are dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. On July 2007, Nonparty C was designated as a person eligible for the supply of 13.40 square meters out of 2 block number 1,921 square meters, one of the land for support facilities in E development districts, according to the public notice of the compensation plan of E, designated and publicly notified as Gyeonggi-do public notice D ( September 30, 2004).

The main contents of the "public announcement of the supply of sites for livelihood countermeasures and support facilities" (hereinafter referred to as the "public announcement of the supply of sites for livelihood countermeasures in this case") announced by the Gyeonggi-do City Corporation in connection with the supply of the above site for livelihood countermeasures

- Qualification requirements: A person selected as a person subject to livelihood countermeasures in relation to the E development project - a person subject to a supply application: a person notified shall autonomously organize a partnership in the form of a non-corporate group following the enactment of articles of association and the resolution of the general meeting, and the representative elected by the partnership shall prepare the necessary documents and apply for

- The transfer of ownership is possible after full payment of the purchase price and completing the cadastral and registration adjustment following the completion of the project.

- Restriction on the change of name: The change of the entire name of the union member can be made only once after three months after the conclusion of the contract, and the subsequent purchaser shall not be allowed to change the name until the transfer of ownership is completed

- Method of determining a supplier: The applicant partnership may choose the desired land up to three orders for each occasion, and, if there exists competition on the same parcel in each desired order, the person to be supplied shall be determined by means of an electronic lottery, and shall be entitled to apply up to twice.

B. On November 1, 2007, the Plaintiff entered into a contract with the Defendant, a licensed real estate agent, to purchase the right to the supply of the E-living site (hereinafter “instant purchase right”) from C (hereinafter “instant contract”), and on the same day, paid KRW 22 million to the Defendant as the premium for the E-living site, and on December 2, 2008, the Plaintiff paid KRW 22 million to the Defendant.

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