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(영문) 서울북부지방법원 2016.03.03 2015가단108144

소유권이전등기

Text

1. The defendant shall receive KRW 103,000,000 from the plaintiff, and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. The following facts can be acknowledged in full view of Gap evidence No. 1 and evidence No. 8 and the purport of the entire pleadings as a result of the appraisal by the Pacific Appraisal Corporation Co., Ltd. in this Court.

The plaintiff has obtained authorization for the establishment on December 21, 2007 pursuant to the relevant provisions of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), and obtained authorization for the establishment on December 12, 2008, for the reconstruction improvement project of the size of 53,155.8 square meters in Gangnam-gu Seoul Metropolitan Government.

B. On April 16, 2013, the Plaintiff changed a project implementation plan to reduce the number of households and expand its exclusive use area, and obtained authorization for the implementation of the project from the head of Gangwon-do, the head of Gangwon-do, the implementation of which was approved on May 30, 2013, and the period for application for purchase on May 30, 2013 to

7. The period of application for parcelling-out was announced as of July 28, 2013, and the period of application for parcelling-out from July 28, 2013 to the same year.

8. After extending the period by 11.1 (hereinafter referred to as “the first period”), the period for application for parcelling-out was extended on April 29, 2014 again from April 29, 2014 to May 16, 2014.

C. Meanwhile, the Defendant completed the registration of ownership transfer on November 13, 1991 by the Dobong-gu District Court of Seoul Northern District on the instant real estate located within the said rebuilding improvement project zone, and completed the registration of ownership transfer under the receipt of No. 25667 on November 13, 191, and did not apply for parcelling-out by August 11, 2013, as a person who completed the registration of neighboring mortgage creation under the receipt of No. 26928 of the same registry office on April

The market price of the instant real estate as of August 12, 2013 is KRW 13 million.

2. Determination

A. The time when the obligation to pay the liquidation money arises for the owners of land, etc. who did not apply for parcelling-out within the period of application for parcelling-out shall be deemed to be the following day after the expiration date of the period of application for parcelling-out notified by the project implementer under Articles 46 and 47 of the former Urban Improvement Act. Therefore, the standard point of assessing the value of land, building or other rights subject to cash settlement shall be the date following the expiration