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(영문) 서울고등법원(인천) 2020.05.08 2019나12235
분양권매매계약 등 무효확인
Text

1. The first instance judgment, including a claim added and reduced in this Court, shall be amended as follows:

Reasons

1. Basic facts

A. The network I (hereinafter “the deceased”) owned land and housing within the F Housing Site Development Project jointly implemented by Incheon Metropolitan City, E Corporation, and the Korea Land and Housing Corporation (hereinafter “instant project”), and resided in the project implementer of the instant housing site development zone in around 2010. Around 2010, he was in a position to transfer the ownership of the land and housing to the project implementer by consultation on the public site of the instant housing site development zone, and to purchase the migrants’ housing site and housing site for livelihood from the project implementer, and the Plaintiffs, as legal heir of the deceased, succeeded to the status of the sale of the said

B. On January 30, 2015, the Plaintiffs concluded a sale right sales contract with the Defendant to sell KRW 50,000,000 to each Defendant the right of sale of the migrants’ housing site to be supplied by the Plaintiffs from the project implementer, and KRW 10,000,00 (hereinafter “sale right sales contract for the instant migrants’ housing site,” and “sale right sales contract for the instant housing site,” and “sale right sales contract for the instant housing site,” and “each of the instant sales rights sales contracts for the instant housing site,” in addition to each of the instant sales contracts for the instant housing site, the Plaintiffs signed a sale right sales contract for the instant housing site, and issued to the Defendant a letter of transfer, performance, memorandum of waiver of rights, letter of waiver of rights, letter of delegation for the pre-sale, certificate of transaction, promissory note, and letter

On the same day, H, a notary public, as the issuer of the Plaintiff A, and as the receiver of the Defendant, prepared each bill No. 78 of the 2015 No. 77 of the 2015 No. 200,000 won at par value and face value No. 200,000,000.

(hereinafter referred to as “notarial deeds of each of the instant notes”) C.

On the same day, the Defendant remitted to the Plaintiffs the purchase price of KRW 50 million under each of the instant sales agreements.

On June 19, 2019, the defendant owned the plaintiff A on the basis of the Notarial Deed of each of the Bills of this case to the Incheon District Court.

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