소유권이전등기
1. Defendant B received KRW 75,000,000 from the Plaintiff simultaneously with the Plaintiff’s payment:
(a) the annexed list;
1. Facts of recognition;
A. The Plaintiff is a reconstruction association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on May 30, 2005 for the purpose of removing the buildings of the apartment and constructing new apartment, the Plaintiff was granted authorization for the implementation of the project on January 6, 2006 by the head of Bupyeong-gu Incheon Metropolitan City, the authorization for the implementation of the project on April 9, 2012, and the authorization for the implementation of the project on December 30, 2015 by the management and disposal plan on December 30, 2015.
B. Defendant B is the Plaintiff’s partner who owns the real estate in the attached list in the instant project zone (hereinafter “instant real estate”), and Defendant C occupies the instant real estate.
C. On May 22, 2012, the Plaintiff received an application for re-sale from May 31, 2012 to June 29, 2012 by making a public announcement of the application for re-sale, and thereafter extended the application for re-sale from June 30 to July 19, 2012, but Defendant B did not apply for re-sale until July 19, 2012.
As of July 20, 2012, the market price of the instant real estate as of July 20, 201 is KRW 75,00,000.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 7 (including each number in the case of additional number), the result of a request for market price appraisal of appraiser H, the purport of the whole pleadings
2. Where a member who has agreed to establish an association in a housing reconstruction project under the Urban Improvement Act becomes subject to cash settlement under Article 47 of the same Act due to reasons such as not applying for parcelling-out, etc., the status of the member shall be lost, thereby holding the status of the member. As such, a housing reconstruction improvement project association, which is a project implementer, may file for the registration of ownership transfer of real estate in a rearrangement zone against a person subject to cash settlement by applying mutatis mutandis Article 39 of the Urban Improvement Act on the claim for
Provided, That there is a duty to pay the settlement money for a person subject to cash settlement.