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(영문) 인천지방법원 2020.04.21 2019가합54060
수분양권 매매계약 무효확인 등
Text

1. The contract between the Plaintiff and the Defendant for the sale of a housing site for migrants and a site for countermeasures against livelihood entered into on March 5, 2015 is concluded.

Reasons

1. Basic facts

A. The Plaintiff is a person who has resided in Incheon Seo-gu, Incheon Metropolitan City as a site for the housing site development project for a district jointly implemented by Incheon Metropolitan City, D Corporation, and Korea Land and Housing Corporation (hereinafter “instant project”).

B. On March 5, 2015, the Plaintiff: (a) sold to the Defendant the right to a resettled housing site for which the instant project implementer will receive KRW 40,00,000; and (b) sold the right to a site for livelihood countermeasures at KRW 10,00,000 (hereinafter “instant sales contract”); (c) around that time, the Plaintiff received KRW 50,000,000 in total from the Defendant.

C. In the Korea Land and Housing Corporation, as a result of the examination of relocation measures conducted for those who have resided in a residential building in the instant project district, the Plaintiff was selected as eligible persons for relocation on July 28, 2017 and as eligible persons for livelihood measures for those who have engaged in business, such as business and farming in the instant project district as a result of the examination of living measures conducted on July 28, 2017.

Relevant Acts and subordinate statutes are as follows:

(1) A person supplied with a housing site developed pursuant to this Act may not 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 supplied it until he/she registers the transfer of ownership.

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) shall pay the aggregate of the value of the housing site at the time of supply and the average interest rate for one-year term deposits at banks

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