부동산매도청구의 소
1. The Defendants received each of the KRW 945,500,000 from the Plaintiff simultaneously with the Plaintiff’s payment:
(a) the real estate listed in the annex;
Facts of recognition
The plaintiff is a housing reconstruction and improvement project association established under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter "former Act on the Maintenance and Improvement of Urban Areas") to implement a housing reconstruction improvement project for A apartment located in Yongsan-gu Seoul Metropolitan Government D.
On June 5, 2017, the Plaintiff obtained authorization to establish an association from the head of Yongsan-gu and completed the registration of incorporation on June 14, 2017.
The defendants are owners of 1/2 shares of each of the real estate listed in the attached Form No. A apartment as part of the above A apartment.
On June 16, 2017, the highest plaintiff sent a written peremptory notice to the Defendants to the effect that the Defendants shall reply to the establishment of the association within two months from the date of receipt of the written peremptory notice under Article 39 of the former Act on the Maintenance of Urban Areas and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act"), and that the Defendants shall exercise the right to demand sale by deeming that they would not participate in reconstruction if they do not reply within two months from the date of receipt of the written peremptory notice (hereinafter "the instant peremptory notice").
Although Defendant C received each of the instant peremptory notices on June 19, 2017, Defendant B did not answer whether Defendant C consented to the establishment of the association until the lapse of two months thereafter.
The Plaintiff’s exercise of the Plaintiff’s right to demand sale filed the instant lawsuit on October 12, 2017, within two months from the date following the expiration of the period of two months from the date of receipt of the instant written peremptory notice, and expressed his/her intent to exercise the right to demand sale of each 1/2 share of the real estate owned by the Defendants by serving a duplicate of the instant written peremptory notice. The duplicate of the instant written peremptory notice was served to the Defendants on November 7, 2017.
[Reasons for Recognition] Defendant B: (a) lack of dispute; (b) evidence Nos. 1, 2, and 3-1, 4-21, 23, and 5-12, respectively.