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(영문) 수원지방법원 안양지원 2021.02.17 2019가합106410
분양권매매계약 무효확인 청구의 소
Text

The right of sale between the plaintiff (Counterclaim defendant) and the defendant (Counterclaim plaintiff) on the real estate stated in the attached Form is established on February 12, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. The Plaintiff owned 1/20 each of the instant real estate owned 1/20 square meters of 18,179 square meters of C, D 1,60 square meters of 1,60 square meters of E forest land, 8,043 square meters of F forest land, and 8,541 square meters of F forest land (hereinafter “each of the instant real estate”). Each of the instant real estate was modified by the Korea Housing Corporation under the Special Act on the Construction of Bogeumjari Housing, etc. under the former Special Act on the Construction of Bogeumjari Housing, etc. on January 14, 2014 by Act No. 12251 on January 14, 2014, and again, the Special Act on the Construction of Public Housing, etc. was amended to the Special Act on Public Housing, etc. by Act No. 13498, Aug. 28, 2015.

Based on the foregoing, G Dong-si and H Dong-dong 1,353,180 square meters were incorporated into the instant project area in accordance with the implementation of the “I Public Housing Project” (hereinafter “instant project”).

B. On June 2, 2015, the Plaintiff acquired the right to acquire the housing site created by consultation from the Korea Land and Housing Corporation under Article 24(5)4 of the Enforcement Decree of the Special Act on Public Housing by transferring 1/20 shares of each of the instant real estate to the Korea Land and Housing Corporation on June 11, 2015 in response to consultation with the Korea Land and Housing Corporation under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “the right to sell the instant housing site”).

(c)

On the other hand, on February 12, 2015, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 150,000,000 (hereinafter “instant sales contract”) and received KRW 150,000 from the Defendant on the same day. The main contents of the instant sales contract are as follows.

The indication of real estate: C Forest land 18,179 square meters (9), D 1,600 square meters (80), E forest land 8,043 square meters (402), F (427), and F (427) 8,541 square meters: 150,000,000 won agreement - the above real estate.

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