부동산 매도
1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.
2. Costs arising from an appeal and an incidental appeal shall be respectively.
1. The following facts may be admitted, either in dispute between the parties, or in full view of the whole purport of the pleadings as a result of a request for market price appraisal of Gap's 1 to 3 (including paper numbers), the court of first instance for appraiser D by the appraiser D by the court of first instance:
On October 8, 2008, pursuant to Article 16 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), the Plaintiff obtained authorization from the head of Seodaemun-gu, and completed the establishment registration on November 6, 2008. On January 26, 2012, the Plaintiff obtained authorization for the project implementation for the Seoul Seodaemun-gu Seoul Seodaemun-gu as the project implementation district for the maintenance and improvement project, and on March 23, 2012, determined the expiration date of the application for parcelling-out as of May 17, 2012 and publicly notified the application for parcelling-out.
B. The defendant is the owner of the real estate listed in the attached list in the plaintiff's project implementation district (hereinafter "the real estate of this case"), and the association member agreed to the rebuilding resolution on the establishment of the plaintiff's association, but did not file an application for parcelling-out by the expiration date of
C. Articles 42 and 43 of the Plaintiff’s articles of incorporation provide that where a partner of the association fails to apply for parcelling-out within the period of application for parcelling-out, the company is excluded from the object of parcelling-out under an authorized management and disposal plan, the company’s structures or other rights shall be liquidated in cash.
The market value of the instant real estate as of May 18, 2012 is KRW 180,2200,000.
E. Meanwhile, with respect to the instant real estate, the registration of creation of a mortgage on the instant real estate by the court Seodaemun-gu registry office as of September 15, 2010, the maximum debt amount of KRW 48 million, and the Korean Standards for Standlater Co., Ltd., Ltd., the establishment of a mortgage on the instant real estate was completed.
2. Determination on the cause of the claim
A. Since the defendant, which is the cause of the claim, did not file an application for parcelling-out by the expiration date of the period for application for parcelling-out and became an object of cash liquidation, the plaintiff shall serve the defendant with the written complaint in this case under Article 39 of the Urban Improvement Act.