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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On January 27, 2015, the Defendant entered into a contract with C to purchase the unsettled housing site and living countermeasure site to be supplied by C in relation to the housing site development project for the zone implemented by the Korea Land and Housing Corporation, and paid KRW 80 million to C in accordance with the said contract.
On December 8, 2016, C entered into a contract with the Korea Land and Housing Corporation for the sale of housing sites for the said migrants, and E paid 61,846,600 won of the down payment under the said sale contract in the name of C to the Korea Land and Housing Corporation. On October 26, 2018, C entered into a contract with the Plaintiff to transfer “bonds equivalent to the above 61,846,600 won to C, such as return of unjust enrichment.”
【In the absence of dispute, the Plaintiff entered into a contract with the Defendant on November 16, 2015 to purchase the right to sell the housing site of the area migrants sold by the Defendant and C to the Defendant for KRW 140 million. The Plaintiff remitted KRW 67 million to the account notified by the Plaintiff’s broker, and paid KRW 70 million in cash as a check, and paid KRW 30 million to the Defendant for KRW 140 million.
However, both a sales contract and a sales contract between the Defendant and the Plaintiff are null and void in violation of the Housing Site Development Promotion Act and the Enforcement Decree of the same Act without obtaining consent of the Korea Land and Housing Corporation, which is the executor of the housing site development project. Therefore, the Defendant is obligated to pay interest and delay damages from the return of unjust enrichment to the Plaintiff, as the beneficiary of bad faith in return of unjust enrichment.
The defendant's summary of the defendant's assertion is about KRW 100 million, and KRW 20 million, the right of sale of the land for livelihood countermeasures is about KRW 20 million.