소유권이전등기
1. Defendant B received KRW 75,900,000 from the Plaintiff simultaneously with the Plaintiff’s payment:
(a) the annexed list;
1. Facts of recognition;
A. The Plaintiff, pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on May 30, 2005, was a reconstruction association established for the purpose of removing buildings of E, F, G, H, and I apartment and constructing a new apartment on the land outside seven parcels of land in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant project zone”). The Plaintiff was authorized to implement the project on January 6, 2006 by the head of Bupyeong-gu Incheon Metropolitan City, the head of Bupyeong-gu Office for the implementation of the project on April 9, 2012, and the authorization for the implementation of the project on December 30, 2015.
B. Defendant B is the Plaintiff’s partner who owns the real estate in the attached list in the instant project zone (hereinafter “instant real estate”), and Defendant C is the occupant of the said real estate.
C. On May 22, 2012, the Plaintiff received an application for re-sale from May 31, 2012 to June 29, 2012 by making a public announcement of the application for re-sale, and thereafter extended the application for re-sale from June 30 to July 19, 2012, but Defendant B did not apply for re-sale until July 19, 2012.
The market value of the instant real estate as of July 20, 2012 is KRW 75,900,000.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including paper numbers), the result of a request by an appraiser J for an appraisal of the market price, the purport of the whole pleadings
2. Determination as to the cause of action
A. Where a member who has agreed to establish an association in a housing reconstruction project under the Urban Improvement Act becomes eligible for a cash settlement under Article 47 of the same Act due to reasons such as not applying for parcelling-out, etc., the housing reconstruction project association, which is a project implementer, may file an application for the registration of ownership transfer for real estate in a rearrangement zone against a person subject to cash settlement by applying Article 39 of the Urban Improvement Act mutatis mutandis to the claim for sale.
Provided, That when the obligation to pay the settlement money for a person subject to cash settlement occurs, the provisions of Article 46 of the Urban Improvement Act.