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(영문) 수원지방법원성남지원 2016.12.09 2016가단211308
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 2001, the Minister of Construction and Transportation approved and publicly notified a housing site development project plan for the E zone as a planned housing site development area by designating one unit of land such as Sungnam-si C and D as a planned housing site development area. The Korea Land Corporation, Gyeonggi-do, Sungnam-si, and the Korea National Housing Corporation as a project implementer for each one zone.

B. At around October 2003, Sungnam-si, etc. published “the current status of the project and guidance for compensation” regarding the procedures for compensation, type of compensation and method of determining compensation, measures for relocation, and criteria for determination of living countermeasures following the housing site development project for the E district. Accordingly, the Defendant became eligible to be provided 6 square meters of the site for livelihood countermeasures.

C. On August 1, 2007, the Plaintiff decided to purchase the E Housing Site Development Zone’s right to purchase KRW 93 million from the Defendant for the purchase of the purchase of the land for livelihood countermeasures in the E Housing Site Development Zone. On the same day, the Plaintiff paid the Defendant a total of KRW 93 million on August 2, 2007, including the down payment of KRW 50 million, and KRW 93 million on the following day.

(hereinafter “instant contract”). At the time of the said contract, the Defendant agreed that “the seller succeeds to the right of share in the land for livelihood countermeasures arising from E expropriation (a contract, lottery, joining partnership, etc.) and all rights arising from the transfer of the name shall be implemented without objection as designated by the purchaser, and all documents shall be made without any conditions.”

Since April 2007, the Housing Site Development Promotion Act enacted since April 2007 stipulates that when a person supplied with a housing site resells the housing site, the juristic act should be null and void.

(1) On August 10, 2007, the E-district housing site development project is implemented. (2) On the other hand, on August 10, 2007, the Sungnam-si, the Korea Land Corporation, and the Korea National Housing Corporation announced the supply of E-living site.

- Qualification for application: A person selected as a person to be supplied with a living countermeasure site in relation to the instant project - a person selected as a person to be supplied with a living countermeasure site: A representative elected by a partnership from the partnership by autonomously organizing a non-corporate group.

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