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(영문) 서울중앙지방법원 2015.09.25 2015나20222
원상회복
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Defendants entered into a sales contract with G and H on Jan. 3, 2004 and received the sales price with regard to the right to purchase a lot of 26.4m2 in the daily countermeasure site, which is a compensation for the relocation measures for each housing site development project, as a person who had owned the real estate in the F Housing Site Development Prearranged, under the condition that the purchaser will change his name to a person designated by the purchaser.

(hereinafter “instant contract”). (b)

At that time, the Plaintiff purchased the Defendants’ rights to purchase a living countermeasure site from H and G.

C. Since August 2007, the Defendants were determined to be eligible for the supply of 26.4 square meters of each living countermeasure site. However, on August 10, 2007, Sungnam-si, Korea Land Corporation, and Korea National Housing Corporation, which are the executing company of the housing site development project of the F District, announced the supply of the F-based countermeasure site 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.

Accordingly, the persons selected as those eligible for the supply of land for livelihood countermeasures in the above project district shall be from the I1 Association.

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