beta
Text
1. On November 7, 2014, the Plaintiff concluded with the Defendant to sell the housing site for migrants and the housing site for taking measures for daily life.
Reasons
1. Basic facts
A. On October 16, 2017, the Plaintiff was a person residing in a housing site development project zone conducted by the Korea Land and Housing Corporation and was selected from the Korea Land and Housing Corporation as a person subject to supply of migrants’ housing site and living countermeasure site.
B. On November 7, 2014, the Plaintiff entered into a sales contract with the Defendant (hereinafter “instant sales contract”) and received KRW 50 million from the Defendant with respect to the right to purchase the migrants’ housing site and the land for countermeasures. The main contents of the said sales contract are as follows.
The indication of the right to a contract of sale and purchase of a resettled housing site: 50,000,000 won:
1. The plaintiff provides a person designated by the defendant with all documents necessary for the change of name without conditions.
2. The Plaintiff’s capital gains tax is responsible for the Defendant.
3. The Plaintiff shall move before the deadline set by the project implementer.
The indication of the right to a contract of sale and purchase of a residential countermeasure site: 13,000,000 won:
1. The plaintiff provides a person designated by the defendant with all documents necessary for the change of name without conditions.
2. The Plaintiff’s capital gains tax is responsible for the Defendant.
3. The Plaintiff shall move before the deadline set by the project implementer.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to Articles 19-2 and 31-2 of the Housing Site Development Promotion Act, a person who is supplied with a housing site may not resell the housing site as it is without using it for the purpose of its supply until the registration of ownership transfer is conducted. However, this restriction may not apply to cases prescribed by Presidential Decree. In the event of resale of the housing site in violation of such restriction, the relevant juristic act shall be null and void
Article 13-3 of the Enforcement Decree of the Housing Site Development Promotion Act applies to the restriction of resale.