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(영문) 대구지방법원 2018.09.20 2018가합200291

소유권이전등기

Text

1. From the plaintiff

A. Defendant B received KRW 223,635,00,000, as well as the Plaintiff’s list 1.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association that completed establishment registration pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on October 26, 2015 after obtaining authorization from the head of the Nam-gu Seoul Metropolitan Government on September 24, 2015 to implement a housing reconstruction and improvement project (hereinafter “instant reconstruction project”) whose project site covers 21,808 square meters of Seoul Southern-gu E-gu Seoul Metropolitan City Seoul Metropolitan Government as a project site.

Since then, on March 2, 2018, the Plaintiff received an administrative disposition plan, and on March 12, 2018, the approval plan was publicly notified as F. of the Daegu-gu Seoul Metropolitan City public notice.

B. The Defendants, as owners of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) located in the instant reconstruction project zone, agreed to the establishment of an association at the time the Plaintiff was established, or did not apply for the application for parcelling-out from September 15, 2017 to October 18, 2017 (the expiration date of the initial application period for parcelling-out was October 14, 2017, but it was extended for four days).

C. At the time of October 19, 2017, the market price of the real estate listed in Paragraph 1 of the Attached Table is KRW 223,635,00; the market price of the real estate listed in Paragraph 2 of the Attached Table is KRW 122,125,00; and the market price of the real estate listed in the Attached Table 3 and Paragraph 4 is KRW 173,713,00 in total (= KRW 29,592,000).

[Reasons for Recognition] A without dispute, entry of Gap evidence 1 to 7, the result of appraisal of appraiser G by this court, the purport of the whole pleadings

2. Determination

A. Where an association member who is determined as to the cause of the claim becomes eligible for cash settlement by falling under the requirements stipulated in the Urban Improvement Act and the articles of association of the association, such as failing to apply for parcelling-out or withdrawing application for parcelling-out, a reconstruction association may apply mutatis mutandis the provisions of the Urban Improvement Act on the claim for sale to a person subject to

In such cases, the time when the obligation to pay the settlement money for the person subject to cash settlement occurs.