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(영문) 전주지방법원 2021.01.27 2019가단22618
수분양권 명의변경절차이행 등
Text

1. The Defendant shall pay to the Plaintiffs each amount of KRW 48,500,000 and each of the above amounts, from June 17, 2020 to January 27, 2021.

Reasons

1. On December 30, 2009, the Defendant, including the Defendant’s request for the acquisition and sale brokerage of the right to sell housing sites and the purchase of the Plaintiffs, etc., obtained the right to sell housing sites and land for countermeasures against migrants, after being incorporated into the FF district and housing site development project, which is owned by the Defendant, and then requested a certified intermediary G to sell the housing sites and land for countermeasures against migrants.

According to H’s brokerage, the Plaintiffs agreed to purchase the FJ’s right to purchase the FJ’s housing site purchase price of KRW 97,000,000 on July 17, 2014, and H paid the amount equivalent to the purchase price to the Defendant on behalf of the Plaintiffs (the Plaintiffs deposited KRW 10,000,000 on July 18, 2014, and KRW 87,000,000 on July 23, 2014). The Defendant prepared documents to secure the rights to the FJ’s housing site purchase price, buyer, and date, etc., each blank, including the “FD’s housing site purchase contract” and the power of attorney in blank, and the Plaintiffs signed and sealed each written contract stating the date and address of the Plaintiffs.

After that, on January 21, 2015, the Defendant was determined to be eligible for supply of FJ sites to the migrants, and on May 25, 2016, the Defendant entered into a contract with the I institution to purchase KRW 299,320,000 for the housing site of KRW 246 square meters from Pyeongtaek-si J.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2-1 and 2, witness G testimony, the purport of the whole pleadings

2. Determination

A. According to the above, a contract was entered into between the plaintiffs and the defendant to purchase the purchase price of the FJ settlement housing site from the defendant to purchase the purchase price of KRW 97,00,000,00, by stating the plaintiffs' addresses, etc. in the sale contract, including the purchaser and the date originally prepared by the

However, it is a contract that the defendant resells the housing site to be supplied in the future before entering into a sales contract with respect to the migrants created under the Housing Site Development Promotion Act, which is null and void by Article 19-2(3) of the Housing Site Development Promotion Act.

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