소유권이전등기절차이행 청구의 소
1. As to KRW 380,825,993 among the Plaintiff-Counterclaim Defendant and KRW 114,758,082 among them, the Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall have on September 23, 2015.
1. Basic facts
A. The plaintiff is a reconstruction association which completed the establishment registration of the association on July 11, 2008 after obtaining authorization to establish a reconstruction association for the Young-gu A apartment from the Young-gu, Young-gu, The plaintiff is a member of the plaintiff who was the owner of the above A apartment 101 Dong 304 (hereinafter "A apartment of this case").
B. On November 7, 2009, the Plaintiff passed a resolution on the management and disposition plan (hereinafter “instant management and disposition plan”) by opening a general meeting of the management and disposition, and on February 5, 2010, the Plaintiff obtained authorization from the tolerance market regarding the instant management and disposition plan.
The management and disposal plan of this case has the following provisions with regard to cash settlement:
Article 11 Measures to be taken against a Cash Liquidationr shall be as follows: Article 47 of the Act, Article 43 (4) of the Articles of Incorporation, and the standards for cash clearing and processing specified in the management and disposal plan:
1. A person subject to a cash settlement. (2) A person who has withdrawn an application for parcelling-out. (3) A person who is disqualified from acquiring the right to parcelling-out under various regulations and Acts and subordinate statutes; (4) A person who has not concluded a contract for parcelling-out by the date determined by the partnership (a person who has not concluded a contract for parcelling-out shall be deemed to have withdrawn the application for parcelling-out).
C. According to the instant management and disposition plan, on August 22, 2011, the Defendant entered into a supply contract with the Plaintiff and the Plaintiff to be supplied with KRW 42,0455 million (17,446,185 won for the charges actually paid by the Defendant) (hereinafter “instant supply contract”) of the sales price of KRW 42,045,00 (17,446,185 won).
Article 2 (Reimbursement of Contract Amount, Installment Payment after Payment of Interest, Relocation Expenses, etc.) (1) The defendant receives the loan of moving, down payment and intermediate payment from the financial institution designated by the plaintiff.