1. The Plaintiff and the Defendant concluded on February 12, 2014, based on the purchase and sale contract for the ownership of the housing site for migrants.

1. Basic facts

A. The Plaintiff is a person who owns, and resided in, E-Ba F on the ground D in Osan City, a site for a housing site development project implemented by the Korea Land and Housing Corporation pursuant to the Housing Site Development Promotion Act (hereinafter “instant project”).

B. On February 12, 2014, the Plaintiff entered into a sales contract with the Defendant to sell to the Defendant the right to sell the housing site for migrants to be supplied from the Korea Land and Housing Corporation in the future amount of KRW 18 million (hereinafter “instant sales contract”) and received KRW 18 million from the Defendant.

C. On December 27, 2016, the Plaintiff was notified by the Korea Land and Housing Corporation that he/she was selected as a person eligible for supply of a migrants site. Accordingly, on December 18, 2019, the Plaintiff concluded a sales contract between the Korea Land and Housing Corporation and the Plaintiff to be supplied with a migrants site from the Korea Land and Housing Corporation (hereinafter “instant sales contract”).

(1) No person supplied with a housing site developed pursuant to this Act shall resell (including change of name, sale and all other acts accompanying the change of rights, but excluding inheritance; hereinafter the same shall apply) the housing site as it is, without using it for the purpose of supply thereof, until registration of transfer of ownership is filed.

Provided, That the main sentence may not apply to cases prescribed by Presidential Decree, such as housing construction sites supplied for relocation measures.

(2) Where a person who is supplied with a housing site resells the housing site in violation of paragraph (1), the relevant juristic act shall be null and void, and the implementer of the housing site development project (referring to the original supplier of the housing site) may repurchase the relevant housing site by paying an amount calculated by adding up the value of the housing site as at the time of supply and the amount calculated by applying the average

Article 31-2 (Penalty Provisions)