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(영문) 수원지방법원 성남지원 2017.01.10 2016가단219975
부당이득금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Facts of recognition;

A. On August 2007, the Defendant was selected as a person eligible to be supplied with a living countermeasure site (finite or business site) 8 square meters (26.4 square meters) around August 2007 as a unit of land in the planned housing site development district of Sungnam-si, Sung-si.

B. Around August 2007, the Plaintiff purchased shares in the land for livelihood countermeasures in Seongbuk-si, Sungnam-si, that the Defendant would be supplied (hereinafter “instant sales right”) and paid KRW 93,000,000 to D.

(hereinafter “instant contract”). C.

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.

(Article 19-2). On the other hand, on August 10, 2007, Sungnam-si, a company implementing the housing site development project, announced the supply of E-living sites as follows.

- 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 person selected as a person to be supplied with a living countermeasure site constitutes a partnership in the form of a non-corporate group autonomously and the representative elected by the partnership formed a living countermeasure site in the form of a partnership and entered into a supply contract with

- The president, officers, and members of an association must be the recipients of land for livelihood countermeasures.

- Restrictions on change of name: Change of name on April 20, 207 in accordance with the revision of the Housing Site Development Promotion Act is allowed only once when the change of name is made in whole name of the cooperative (contractor's name) and the change of ownership of union members is not allowed. Change of the entire name of the cooperative can be allowed only once after one month from the date of the first contract (the first prize union), or after two weeks (2,3 prize associations) after the date of the first contract, and the subsequent purchaser is not allowed until the time of the transfer of ownership.

Around September 2007, the Defendant organized the FF Cooperative with other suppliers of the instant livelihood countermeasure site.

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