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(영문) 수원지방법원 2016.05.13 2015나1915
원상회복
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim added in the trial is dismissed.

3. The time when the action has been brought.

Reasons

1. Basic facts

A. The Minister of Construction and Transportation, around October 2001, designated a single unit of K and L as a prospective housing site development area, and around that time approved and publicly notified the C Housing site development plan. Korea Land Corporation, Gyeonggi-do, Sungnam-si, and Korea National Housing Corporation were designated as a project implementer.

B. The Defendant became eligible for the supply of the land for livelihood measures following the incorporation of the land into the said planned area for housing site development.

C. On August 10, 2007, the above project implementer announced the “Public Announcement of the Supply of the C Living Countermeasures Site.” According to this, since only the partnership composed of the persons selected as the persons eligible for the supply of the living countermeasure site can become the objects of the supply of the living countermeasure site, only the partnership can lawfully conclude a sales contract regarding the living countermeasure site. The change of the title of the sales contract can only be made only once by the revision of the Housing Site Development Promotion Act on April 20, 2007, and it is not allowed to individually transfer each partner’s shares.

On December 5, 2007, the Defendant prepared a land substitution transfer contract with J and I (hereinafter “J, etc.”) related to eight minutes of daily countermeasures to be supplied due to the said housing site development project, and received KRW 93 million from J, etc., the following details. At the time, the seller’s column at the end of the said contract entered his/her personal information and affixed his/her signature and seal on the seller’s column, but the buyer’s column issued a receipt, a copy of resident registration, and a copy of his/her identification card.

When receiving any balance under Article 3, the seller shall make the transfer of ownership, the subscription documents of the association, etc. at a purchaser intervals.

Article 6, above, the sale of real estate should not be immediately registered due to the characteristics of the real estate, and since the validity term of the real estate sale seal is six months, the seller shall be five days prior to the effective period.

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