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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Sung-nam-si Seoul Special Metropolitan City C was designated as a planned housing site development district, and Sungnam-si, the Korea Land Corporation, and the Korea National Housing Corporation (hereinafter “Ssung-si, etc.”) was designated as a project implementer around 2007.
The Defendant was entitled to be supplied with 26.4 square meters of the daily life countermeasure site (hereinafter “instant water purchase right”) as the land was incorporated into the said planned area for housing site development.
B. Around August 28, 2007, the Defendant organized the D Association with the subjects of supply of other sites for livelihood countermeasures, and D Association registered the Defendant as its members.
C. On August 29, 2007, the Plaintiff entered into a sales contract with the Defendant for the purchase of the instant ownership amounting to KRW 97 million (hereinafter “instant sales contract”).
In the above contract of sale and purchase, the seller is a third party who the buyer and the third party whom the buyer want to do so without any condition (Article 6), and the seller does not immediately respond to the change of the name or any other documents requested by the buyer and any other money or valuables (Article 7), and does not require any money or valuables (Article 7). This contract is a conditional transaction in which the change of the name of the purchaser to achieve the purpose of the contract is carried out in accordance with the relevant laws and regulations and the time and methods designated by the project operator later (Article
On October 8, 2007, Sungnam-si, etc. made a public announcement of supply of E-living sites (hereinafter “instant public announcement”).
According to the above public announcement, the right to purchase the land for livelihood countermeasures can only be the object of the supply of the land for livelihood countermeasures. The change of the title of the sale contract can only be made only once by the revision of the Housing Site Development Promotion Act on April 20, 2007, and it is not allowed for the association members to individually transfer their shares.
E. D. The Korea Land Corporation after December 28, 2007.