소유권이전등기
1. The defendant shall receive KRW 189,50,000 from the plaintiff, and at the same time real estate stated in the attached list to the plaintiff.
1. Facts of recognition;
A. The Plaintiff is a reconstruction improvement project association established to remove 17 A apartment units in the Seoul Special Metropolitan City, Gwanak-gu and 5 lots (hereinafter “instant rearrangement zone”) and reconstruct the apartment units on its ground (hereinafter “instant reconstruction project”).
B. On May 18, 1995, the Plaintiff was authorized to establish a housing association from the head of Gwanak-gu in Seoul Special Metropolitan City, and completed the registration of incorporation of the reconstruction project partnership on November 16, 2005.
C. The Defendant, as the owner of the real estate indicated in the attached list in the instant improvement zone (hereinafter “instant real estate”), succeeded to the status of the Plaintiff by completing the registration of transfer of ownership on June 30, 2015 on the said real estate through E from D, which became a partner upon obtaining consent to the establishment of the Plaintiff’s association, based on the purchase and sale as of June 2, 2015.
On October 20, 2017, the Plaintiff obtained the project implementation authorization for the instant reconstruction project from the head of Gwanak-gu in Seoul Special Metropolitan City, which was publicly notified on the same day.
After that, on October 23, 2017, the Plaintiff publicly announced the period for application for parcelling-out as “from October 23, 2017 to November 21, 2017”.
E. The defendant did not apply for parcelling-out to the plaintiff until the period for applying for parcelling-out expires.
F. Article 42(4)1 of the Plaintiff’s articles of association provides that “A cooperative shall liquidate buildings and other rights in cash within 150 days from the date it falls under the case where a cooperative member fails to apply for parcelling-out. The amount shall be calculated by calculating the arithmetic mean of the values appraised by at least two appraisal business entities recommended by the head of the Si/Gun.”
G. As to the instant real estate, the maximum debt amount of KRW 104,50,000, and the registration of creation of a mortgage on the part of the debtor and the mortgagee F, Co., Ltd. (hereinafter referred to as the “mortgage-mortgage”).
As of November 22, 2017.