소유권이전등기
1. The Defendant received KRW 344,616,450 from the Plaintiff simultaneously with the Plaintiff’s payment:
(a)each entry in the separate sheet;
1. Basic facts
A. The Plaintiff is a housing reconstruction and rearrangement project association established to implement a housing reconstruction and rearrangement project in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Defendant is the owner of each real estate listed in the separate sheet in the said project implementation district (hereinafter “each real estate of this case”).
B. The Plaintiff was authorized to establish an association on January 18, 2012 by the head of Yangcheon-gu Seoul Metropolitan Government, and after obtaining authorization for the implementation of the project on March 18, 2014, the Plaintiff filed an application for parcelling-out with its members from November 27, 2014 to January 8, 2015 through the procedures for notification and public announcement of the period of application for parcelling-out under Article 46(1) of the Urban Improvement Act, but the Defendant did not apply for parcelling-out during the above period.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 7 (including each number in the case with a provisional number) and the purport of whole pleadings
2. Judgment on the plaintiff's claim
A. According to the facts of recognition of the transfer of ownership and the duty to deliver, the defendant is subject to cash settlement pursuant to Article 47 of the Act on the Maintenance of Urban Areas and Dwelling Conditions, since the defendant did not apply for parcelling-out within the above period for
However, since a person subject to cash settlement loses his/her membership status as a partner and has a status as a partner, a reconstruction association may file a claim against a person subject to cash settlement for the registration of ownership transfer for real estate in an improvement zone by applying mutatis mutandis Article 39 of the Urban Improvement Act on the claim for sale. In such cases, when the obligation to pay settlement money for a person subject to cash settlement occurs, the time following the end of the period of the application for sale pursuant to Article 46 of the Urban Improvement Act shall be the day after the end of the period of the application for sale, and the time when the value of land, building, or other rights