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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
In this case where the plaintiff citing the judgment of the court of first instance repeats his argument in the court of first instance, this court's reasoning is as stated in the reasoning of the judgment of the court of first instance except where the following judgment is added. Thus, this court's reasoning is cited by the main sentence of Article 420 of the Civil Procedure
The following judgments shall be added between conduct 15 and 16 of the judgment of the first instance.
As to this, Article 4(5) of the Rules on Housing Supply applies only to cases necessary to prevent real estate speculation. In the case of a special recommendation made by agencies to bereaved families, etc. of persons of distinguished service to the State, such as the Plaintiff, the said provision does not apply because there is no possibility of speculation or excessive heat in the process of housing supply, since the said provision does not apply because it is based on the authoritative interpretation of the Ministry of Land, Infrastructure and Transport. Therefore, the Defendants’ giving notice of cancellation on the ground that the Plaintiff is disqualified winner who failed to meet the requirements for residence under the said provision is not a legitimate exercise of the right of rescission or exercise of the right of rescission contrary to
Article 36 of the Rules on Housing Supply was amended by Ordinance of the Ministry of Land, Infrastructure and Transport on December 11, 2018 and amended by Ordinance of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as the "Rules on Housing Supply," and the amended Rules on Housing Supply (hereinafter referred to as the "Rules on Housing Supply") is the current Rules on Housing Supply.
Article 36 of the current Housing Supply Rules provides that Article 4 (5) of the Rules does not apply to the special supply to agencies that have rendered distinguished services to the State, unlike the provisions of the former Housing Supply Rules.
However, since the former Housing Supply Rules apply to the instant purchase and sale reservation, the amendment of the said Rules cannot be retroactively applied to the instant purchase and sale reservation, taking into account the facts as seen earlier and the overall purport of the arguments as seen earlier.