1. The sales contract between the Plaintiff and the Defendant on March 29, 2012 is null and void.

1. Basic facts

A. The Plaintiff is a person who has resided in Incheon, Seo-gu, Incheon, a site for a housing site development project for a district implemented by the Korea Land and Housing Corporation (hereinafter “instant project”).

B. On March 29, 2012, the Plaintiff entered into a contract with the Defendant to sell KRW 11,000,000 to the Defendant the right to the land for daily countermeasures to be received from the project implementer of the instant project (hereinafter “instant sales contract”).

C. A sales contract with the same content as the instant sales contract was formulated on August 5, 2016 and August 26, 2016 respectively in the name of the Plaintiff and the Defendant for the purpose of subsequent resale, etc.

【Ground for recognition】 Evidence Nos. 1, 1 through 7, and 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 provides for special cases not subject to the restriction on resale. In the case of a site for housing construction (Article 13-3) where a housing construction site is supplied by implementing relocation measures under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, a person who first supplies housing site from the implementer does not apply

The purpose of this Act is to contribute to the stabilization of national residential life and the improvement of welfare by prescribing special cases concerning the acquisition, development, supply, management, etc. of housing sites necessary for housing construction in order to solve the housing shortage in urban areas.