구분소유권 매도청구
1. All of the lawsuits filed by the Defendant-Succession Intervenor (Counterclaim Plaintiff, quasi-Review Plaintiff) shall be dismissed;
2...
1.The following facts for which a ruling subject to quasi-examination has become final and conclusive shall be apparent in the records or shall not be in dispute between the parties:
On December 11, 2013, the Plaintiff filed a lawsuit in the first instance court against U.S. who owned real estate listed in the separate sheet, asserting that “The Plaintiff publicly announced the application for parcelling-out to its members, but U did not apply for parcelling-out within the period of application for parcelling-out, and thus U shall exercise the right to claim the sale of the real estate listed in the separate sheet under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.”
During the lawsuit pending, the Defendant’s Intervenor acquired the ownership of the real estate listed in the separate sheet from U, and applied for intervention on December 21, 2015, and the Plaintiff voluntarily withdrawn the lawsuit against U.S.
B. On May 23, 2018, the first instance court rendered a judgment on May 23, 2018 stating that “The Defendant’s succeeding intervenors shall receive KRW 146,850,000, respectively, from the Plaintiff, and at the same time, shall implement each procedure for the registration of ownership transfer for each real estate listed in the separate sheet to the Plaintiff on August 31, 2013, and deliver each of the said real estate to the Plaintiff.”
C. The Defendant succeeding intervenor appealed against the judgment of the court of first instance, and filed a counterclaim against the Plaintiff seeking payment of KRW 10,000,000 and damages for delay.
On July 18, 2019, the appellate court rendered a ruling to recommend reconciliation that "the defendant's succeeding intervenor shall pay KRW 156,850,000 to the plaintiff for each real estate listed in the separate sheet as of August 31, 2013, and deliver each of the above real estate to the plaintiff by August 30, 2019," and the above ruling was served on the plaintiff and the defendant's succeeding intervenor's legal representatives on July 19, 2019, respectively.