소유권이전등기말소등기 등
1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. Appeal costs and interest.
1. Basic facts
A. The Defendant is a housing redevelopment and rearrangement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “the Defendant’s execution project”), which is established to remove the buildings within 185,269,3 square meters (hereinafter “instant rearrangement project zone”) in Ansan-si in order to improve the urban and residential environment by constructing a new building on the site, and to contribute to improving the residential stability and the quality of residential life of its members (hereinafter “instant redevelopment and rearrangement project”).
(2) The Plaintiff was the owner of the instant real estate located within the instant rearrangement project zone.
B. 1) The Defendant was authorized to establish an association on May 29, 2012 from the Ansan market, and obtained authorization to implement the project on June 2, 2015, and received a management and disposal plan on April 22, 2016. (2) The Plaintiff became a cash liquidation agent by failing to file an application for parcelling-out by September 14, 2015, which is the end of the period for application for parcelling-out.
3) The Plaintiff and the Defendant filed an application for adjudication of expropriation with the competent local Land Tribunal of Gyeonggi-do, in order to have no agreement on the liquidation amount of the instant real estate held by the Plaintiff. On June 12, 2017, the said commission accepted the instant real estate and paid compensation for losses to KRW 195,50,000, and the date of commencement of expropriation was July 27, 2017 (hereinafter referred to as “instant adjudication”). The Defendant deposited KRW 195,50,000 with the Plaintiff on July 19, 2017, and completed the ownership transfer registration on July 28, 2017 (hereinafter referred to as “instant transfer registration”).
[Basis] Facts without dispute, Gap evidence Nos. 1, 2, 4-1, 2, 14, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The plaintiff's assertion
A. The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”).
According to Article 47 of this Act and Article 44(4) of the Articles of Incorporation, the Defendant.