Judicial effects of a national housing resale contract which violates the prohibition of resale under the Housing Construction Promotion Act.

As to national housing under the Housing Construction Promotion Act, the act of resale is prohibited for a certain period from the time of sale in lots, but it does not purport that the buyer cannot oppose the seller as the fact of the resale, and the validity of the resale contract between the parties concerned should also be invalidated.

Article 38-3 of the Housing Construction Promotion Act

Plaintiff

Defendant

Busan District Court Decision 90Na9572 delivered on May 24, 1991

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

Although the act of resale of national housing under the Housing Construction Promotion Act is prohibited from being sold in lots for a certain period from the time of sale, it does not purport that the purchaser cannot oppose the purchaser (the Korea National Housing Corporation in this case) as the fact of the resale, and the validity of the resale contract between the parties to the resale shall also be null and void. Therefore, the judgment of the court below, which is the same opinion, shall be justified, and there

Examining the evidence relations selected by the court below in light of the records, it is acceptable to accept the defendant's defense that the special contract for the termination of the contract or the termination of the agreement between the parties to the resale as alleged in the theory of lawsuit, and there is no violation of the rules of evidence or failing to exhaust all necessary deliberations. All arguments are groundless.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-ju (Presiding Justice)