Defendant

A. As to the Plaintiff’s D apartment E in Sungnam-si, Sungnam-si, the Defendant.

1. Facts of recognition;

A. On September 13, 2017, the Defendant entered into a supply contract with the FHousing Rebuilding Project Association (hereinafter “instant association”) on the D Apartment E (hereinafter “instant real estate”) to be constructed in Sungnam-gu C day, Sungnam-gu, Seoul.

(hereinafter “instant supply contract”). Article 5(1) of the supply contract (Evidence A 1) prepared at the time provides that “this apartment shall be restricted to resale for one year and six months from the date it is possible to enter into a housing supply contract for the first time as a privately-owned house subject to the upper price ceiling system, or a house subject to adjustment supplied in the area subject to the adjustment of subscription,” and Article 5(3) of the supply contract (hereinafter “instant supply contract”).” The resale of the right to purchase shall obtain approval from the instant union and the Si Corporation (G Co., Ltd. and 2).”

B. From September 12, 2017 to October 25, 2017, the Plaintiff paid the Defendant KRW 10,000,000 in the name of the primary down payment under the instant supply contract, and KRW 42,140,000 in the name of the secondary down payment and late payment, and KRW 30,000 in the name of a premium, respectively, and around that time, concluded a contract with the Defendant to purchase the purchase right of the instant real estate (hereinafter “instant purchase right”).

(hereinafter “instant sales contract”). 【The ground for recognition” has no dispute, entry in Gap’s evidence Nos. 1 through 8, and the purport of all pleadings.

2. Summary of the parties' arguments

A. According to the supply contract of this case by the Plaintiff, the resale of the ownership of this case is limited to one year and six months from the date the initial housing supply contract can be concluded, and the resale of the ownership of this case shall obtain the approval of G Co., Ltd., the association of this case and the construction company. Since one year and six months have passed from the date the supply contract of this case was concluded, the Defendant is obligated to change the name of the purchaser in accordance with the contract of this case and notify the union of the fact of resale of the ownership of this case and the company

B. The instant sales contract by the Defendant is a provision that limits the resale under the Housing Act.