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(영문) 청주지방법원 2017.05.19 2016가단15907
이주자 택지분양권명의변경절차이행
Text

1. The request for intervention by an independent party intervenor shall be rejected;

2. The defendant executed by the Korea Land and Housing Corporation.

Reasons

1. Facts of recognition;

A. From November 15, 2004, the Defendant owned a single-story 36.54 square meters of a single-story residential house on the 6-dong area of Cheongju-si, Cheongju-si (hereinafter “the instant house”).

B. The Korea Land and Housing Corporation has established relocation measures for those who lose their base of livelihood as a result of providing residential buildings through the implementation of the project while implementing D Housing Site Development Project (hereinafter “instant project”) with the site of the instant housing site as the project district.

C. On July 2, 2009, the Defendant sold the instant housing to the Korea Land and Housing Corporation in accordance with the procedure for acquiring public land by consultation.

On April 20, 2009, the defendant entered into a contract between the plaintiff and the plaintiff on April 20, 2009 on the right to purchase a resettled housing site from the Korea Land and Housing Corporation in accordance with the relocation measures.

(hereinafter “instant sales contract”). In the instant sales contract, the Plaintiff and the Defendant agreed that “The Defendant shall draw lots in the Korea Land and Housing Corporation, and simultaneously implement the sales contract and the succession contract of rights and obligations after drawing lots (see Article 4 of the sales contract).”

On the other hand, on February 28, 2011, the defendant entered into a contract with the intervenor on the right to purchase the housing site for the said migrants.

During the period from November 4, 2016 to November 28, 2016, the Defendant applied for the sale of migrants’ housing sites to the Korea Land and Housing Corporation, and the Korea Land and Housing Corporation decided to supply the Defendant with the prospective lot number F’s housing site within the instant project district (hereinafter “instant migrants’ housing site”).

E. The Korea Land and Housing Corporation, around October 27, 2016, shall participate in a receipt for payment of down payment, etc. from December 1, 2016 to December 7, 2016 and enter into a contract for a detached house for relocation measures.

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