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After last year’s Supreme Court ruling “no ticket resale”
Litigation planning that targets the buyer’s liquidation money
“The contract with the consent of the implementer is valid”
After the revision of the National Assembly election ticket law
Buyers of “Takji” held a press conference in front of the Suwon High Court in June. Hankyung DB
During the development of a social housing site, a court found that if an indigenous people illegally resold the immigrant housing site (label), they could not claim ownership. It is a ruling that indigenous people will not be able to return tickets purchased by the buyer, so many causes of cancellation of the ticket contract in the second new city are expected to be curbed.
According to the Suwon District Court on the 9th, the Civil Affairs Division of the Pyeongtaek Branch (President Judge Kim Jang-gu) filed a “ property ” filed by a native A of Godeok International New Town in Pyeongtaek, province of Gyeonggi against the project operator, Korea Land and Housing Corporation (LH) and buyer B. A decision has been made to file or close the case for “Transfer Registration Request”.
Mr. A filed a lawsuit in January asking the final buyer to return ownership of the ticket. After the Supreme Court ruled last year that “ the contract for the succession of rights and obligations for resale tickets is invalid, ” there have been more than 1,000 lawsuits in second new cities like Gwanggyo Godeok that require natives to return their tickets or cancel the contract itself. .
The court found that the natives did not have the authority to claim ownership of the ticket. This is because the deed of resale of indigenous people was the reason for the termination of the contract under the Act on the Promotion of Housing Development. Aborigines can sell their land after receiving the right to sell. However, before that, most of them signed a land sale contract with LH in the illegal resale state. The court found this contract to be illegal, so registration of the transfer of ownership could not be requested. The court stressed that “indigenous residents cannot resell the land before the registration of the transfer of ownership, and the fact that they have written false documents without notifying LH of the resale are the reasons for the termination of the contract”.
Native Americans Can’t Get Tickets Back 2nd New City ‘Contract Cancellation’ Lawsuit Resolves
The ruling is also expected to affect the lawsuit to invalidate the contract for the right to sell the relocated house in Gyeonggi province, Pyeongtaek Godeok, Hanam Wirye and Suwon Gwanggyo. This is because even if an indigenous people files a lawsuit against the buyer for the cancellation of the contract, the property cannot be returned.
In the second new city this year, a contract cancellation lawsuit for the right to sell the relocated home is on the rise. Even professional brokers and lawyers have entered the planning cause. The target is the buyer who bought a ticket from an indigenous people.
On behalf of the natives, they filed a lawsuit to invalidate the buyer’s contract and demanded money for the transaction and compensation for the success. It is known that the settlement amount is between 50 million and 200 million won, depending on the location of the lot. Some mediators have handed the documents presented to real estate agencies to law firms and filed a lawsuit for invalidation of contracts without the consent of the natives.
The start of the planning lawsuit was a Supreme Court ruling last year. Tickets are pre-sale rights awarded to natives when developing housing sites such as new cities. Compensation recipients are selected, land is taken and contracts are in good standing. At this time, the natives have the authority to sell a ticket once after receiving a lot of land and paying the deposit. Although it is illegal to resell tickets before making down payments, the judiciary has allowed such resale.
Then, last year, the Supreme Court issued a ruling denying the effect of the usual resale of tickets. Subsequently, lawsuits arose for the invalidation of the contract and the buyer handed over the money from the transaction to the natives in the form of “cry and eat mustard”. This is because the property becomes invalid if the person loses the cause of cancellation of the contract under the Supreme Law. There have also been cases where a buyer who built a building and also received a tenant had to demolish the building. The buyer who received the legitimate and obligated succession with the consent of the project operator, LH, was no exception.
With this ruling, professional intermediaries and lawyers should further reduce their planned litigation. If this judgment is confirmed by the Supreme Law, the title of the ticket is held by the final purchaser. According to LH, ownership of the current registry rests with the final purchaser.
A prosecution lawyer said: “If the first trial decision is upheld by the Supreme Law, the natives will not be returned to their homes for immigrants,” and said: “Indigenous peoples will not continue to pursue an unnecessary cause. “.
The National Assembly has also entered into legislation to prevent disturbances in the housing market surrounding the ticket. Hong Ki-won, a member of the National Land Transportation Committee of the National Assembly, and Hong Ki-won, a member of the Democratic Party, represented the “Revision of the Housing Development Promotion Act” last month . The amendment included a new clause stating that if the buyer has completed the registration of the transfer of ownership with the consent of the project operator as LH, the contract will be considered valid.
Reporter Gil-Sung Yang [email protected]
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