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(영문) 부산지방법원 2015.06.17 2014가단89009
이주택지분양권 매매계약무효확인
Text

1. It was concluded on March 15, 201 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) regarding real estate indicated in the separate sheet.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 208, 2008, the Plaintiff sold real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff to the Korea Land and Housing Corporation, which is the implementer of the C District Development Project, and was granted from the Korea Land and Housing Corporation the status of a person eligible for supply of unsettled housing site

B. On March 15, 2011, the Plaintiff entered into a contract with the Defendant for the sale of the instant real estate, whereby the Plaintiff would sell the ownership of the housing site for migrants to be selected and supplied as a person eligible for resettlement from the Korea Land and Housing Corporation as a price for the sale of the instant real estate (hereinafter “the ownership of the instant housing site”) at KRW 76 million (hereinafter “the sale of the ownership of the instant housing site”) and received KRW 76 million from the Defendant on the same day.

C. On March 2, 2015, the Plaintiff concluded a sales contract between the Korea Land and Housing Corporation and the Korea Land and Housing Corporation to provide the instant migrants with KRW 194,270,000 for the price (hereinafter “instant contract for the sale of the instant housing site”).

[Ground of recognition] without any dispute, Gap's 1, 3, Eul's 1 to 4, fact-finding results on the Korean Land and Housing Corporation and the purport of the whole pleadings

2. The parties' assertion

A. The sales contract of the Plaintiff’s right to sell the instant housing site was concluded prior to the occurrence of the right to sell the said housing site for migrants or the timing of resale, as well as concluded without the consent of the project implementer, and is null and void in violation of Article 19-2 of the Housing Site Development Promotion Act and Article 13-3 of the Enforcement Decree

Therefore, the Plaintiff seeks confirmation of invalidity of the sales contract of this case.

B. The sales contract of the instant sales right by the Defendant is the supply of the said land to the migrants and Korea Land and Housing Corporation.

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