소유권이전등기
1. The Defendant (Counterclaim Plaintiff) is simultaneously paid KRW 13.3 million from the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a maintenance and improvement project association established on June 21, 2016 by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the reconstruction and improvement project for the Cheongju-gu Seoul Special Metropolitan City Seoul Special Metropolitan City (hereinafter “instant reconstruction project”).
B. The Defendant is the owner of the real estate listed in the separate sheet in the instant reconstruction project zone (hereinafter “instant commercial building”).
C. On August 8, 2016, the Plaintiff sent to the Defendant a proof of the content of “written urge for reply to reply to whether to participate in the re-building” to the effect that “The Plaintiff is expected to exercise the right to demand sale pursuant to Article 39 of the Urban Improvement Act and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), deeming that it is an intention to not participate in re-building within two months from the date of receiving the original document, and would not participate in re-building if not reply.”
9. The above content certification was delivered to the Defendant.
Although the Defendant was served with the above urge, the Defendant did not reply to it, and the Plaintiff filed the instant suit containing the intention to sell the commercial building of this case, and the duplicate of the instant complaint was served to the Defendant on December 13, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-12, Gap evidence 4, Gap evidence 5-8, the purport of the whole pleadings
2. Determination
A. 1) In the event a project implementer exercises a right to demand sale under Article 39 of the former Urban Improvement Act (amended by Act No. 14567, Feb. 8, 2017) for a person who does not participate in a housing reconstruction project, the project implementer has expressed his/her intent to exercise the right to demand sale, as well as the housing reconstruction project.