소유권이전등기 등
1. Revocation of the first instance judgment.
2. The plaintiff's main claim is dismissed.
3. The plaintiff as added at the trial.
1. Basic facts: ① The Plaintiff is the Housing Reconstruction and Improvement Project Association, which was authorized by the head of Songpa-gu Seoul Metropolitan Government on June 1, 2016, to implement a reconstruction improvement project on the scale of 64,974.90 square meters in Songpa-gu Seoul Metropolitan Government D Ilcheon-gu.
The defendant is the owner of each real estate listed in the separate sheet in the above reconstruction project zone (hereinafter referred to as "each real estate of this case").
② On June 20, 2016, the Plaintiff urged the Defendant to reply to whether he/she will participate in re-building within two months, and if the Plaintiff replys to the intention not to participate in re-building or fails to reply within two months from the date of receipt of the peremptory notice, the Plaintiff shall exercise the right to demand sale under Article 39 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Act No. 14567, Feb. 8, 2017) and Article 48 of the Act on the Ownership and Management of Aggregate Buildings.
‘Peremptory letter' has been sent.
The defendant received the above peremptory notice on June 22, 2016, but did not answer two months thereafter.
③ The Plaintiff filed the instant lawsuit against the Defendant with respect to each of the instant real estate in accordance with the pertinent laws, wherein the Plaintiff exercised the right to demand sale. On October 7, 2016, a duplicate of the complaint was served on the Defendant.
④ The market price of each real estate of this case is KRW 1,567,232,480 as of October 7, 2016.
【In the absence of a dispute over a part of the grounds for recognition, Gap evidence Nos. 1 through 6, Eul evidence Nos. 13 and 14, the result of a commission of appraisal to the first instance appraiser V, the purport of the whole pleadings
2. The establishment of a sales contract following the exercise of a claim for sale and the claim for sale under Article 39 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for Residents for a person who does not participate in a housing reconstruction project, at the same time the declaration of intent to exercise the claim for sale, and at the same time the sales contract for the land or building of a person who does not participate in a housing reconstruction project is concluded at the market price.