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(영문) 인천지방법원 2021.03.26 2019가합62825
수분양권명의변경의무 부존재확인청구의 소
Text

With respect to 337 square meters of forest land in Seo-gu Incheon Metropolitan City, D's heir and defendant are entitled to sell them on June 5, 2015.

Reasons

1. Facts of recognition;

A. D (the Deceased’s death on January 28, 2007, hereinafter “the Deceased”) owns the land specified in Paragraph 1 of the Order within the E District Housing Site Development Project (hereinafter “instant project”) executed by the Korea Land and Housing Corporation, and is a person residing on the ground, and the Plaintiff, F, G, H, and I are the heirs of the Deceased.

B. The said land was expropriated in the Korea Land and Housing Corporation (hereinafter “project implementer”) in 2011 due to the said housing site development project, and the heirs, including the Plaintiff, etc., who succeeded to the said land were in the status of being sold the housing site and the site for livelihood countermeasures from the project implementer.

(c)

On June 5, 2015, the deceased’s inheritors entered into a contract for the purchase and sale of rights to the migrants’ housing site to be supplied by the deceased’s inheritors to the Defendant and two other persons on June 5, 2015 (hereinafter “instant contract”) with each of the 7,000,000 won of the right to the site for countermeasures against life (hereinafter “instant contract”).

(d)

On September 1, 2017, the deceased's successors agreed that the plaintiff has all rights to the land of migrants and the land for countermeasures against living to be sold from the project implementer on the basis of the agreement.

E. On December 4, 2017, the Plaintiff was each selected as a person eligible for supply of a housing site for migrants and as a person eligible for supply of a housing site for livelihood countermeasures on December 18, 2017.

【Unsatisfyal grounds for recognition】In the absence of dispute, Gap evidence Nos. 1-1 through 4, 3-1, 2, 3, 4-1, 2, 5-1, 2, 8-1 through 5, and Eul evidence Nos. 1 through 3, the purport of the whole pleadings, and the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The defendant asserts that the lawsuit in this case is unlawful on the ground that the deceased's inheritor's agreement on the lawsuit was concluded at the time of the conclusion of the contract of this case.

According to the evidence evidence No. 5-1, No. 5-2, No. 1, No. 2, and No. 1, No. 2, and No. 3, H as the representative of the deceased’s heir on June 5, 2015, he/she shall execute the instant sales contract (Evidence No. 1) in relation to the instant sales contract.

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