부동산 매도
1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.
2. Costs arising from an appeal and an incidental appeal shall be respectively.
1. Basic facts
A. On October 8, 2008, pursuant to Article 16 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff obtained authorization from the head of Seodaemun-gu, and completed the establishment registration on November 6, 2008. On January 26, 2012, the Plaintiff obtained authorization for the implementation of the project for the Seoul Seodaemun-gu, Seoul Western-gu, as the project implementation district for the maintenance and improvement project, and announced the application for parcelling-out on March 23, 2012 as the expiration date of the application for parcelling-out on May 17, 2012.
B. The Defendant, as the owner of the real estate in the attached list within the rearrangement project implementation district (hereinafter “instant real estate”), agreed to the rebuilding resolution for the establishment of the Plaintiff’s association, and did not apply for parcelling-out by the expiration date of the application period for parcelling-out.
C. As of May 18, 2012, the market value of the instant real estate is KRW 189,60,000.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including provisional number), the result of a request for appraisal of the market price of appraiser D by this court, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiff's assertion that the plaintiff did not apply for parcelling-out by the expiration date of the period for application for parcelling-out and became a person subject to cash liquidation. Thus, the plaintiff exercises the right to claim a sale under Article 39 of the Urban Improvement Act by delivering a copy of the complaint of this case against the defendant. The defendant is obligated to receive from the plaintiff the payment of KRW 170,517,266, the remaining amount obtained by deducting the amount equivalent to the defendant's share from the maintenance project cost incurred during the period in which the defendant was holding the status as a union member, from the market price of the real estate of this case, from the amount of KRW 189,60,000, the liquidation amount of KRW 170,517,266, and to deliver the real estate
B. (1) Members are subject to cash settlement in a reconstruction project under the Urban Improvement Act.