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(영문) 서울중앙지방법원 2015.03.12 2014가합523300

소유권이전등기

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1. At the same time, the Defendant received KRW 867,00,000 from the Plaintiff:

(a)each real estate listed in the separate sheet;

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for a housing reconstruction project of 24,067 square meters of land outside Seocho-gu Seoul, Seocho-gu and one parcel (hereinafter “instant reconstruction project”).

The defendant is the owner of each real estate listed in the attached list in the above project implementation district as the plaintiff's member, and is currently residing in the real estate listed in the attached list 1.

B. The Plaintiff: (a) obtained authorization to establish an association on August 11, 2010 from the head of Seocho-gu Seoul Metropolitan Government; (b) obtained authorization to implement a project on October 26, 2012 from the head of the Seocho-gu Seoul Metropolitan Government; and (c) received an application for parcelling-out from the members to December 23, 2013 through notification and announcement procedures, such as the period of application for parcelling-out under Article 46(1) of the Urban Improvement Act; and (d) received an application for parcelling-out from November 14, 201

C. The Plaintiff exercised the right to sell each real estate listed in the separate sheet by serving each copy of the instant complaint, the purport of the claim, and the application for modification of the cause of the claim on January 22, 2015.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 7 evidence (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the establishment of a sales contract for each real estate listed in the separate sheet on December 24, 2013, which is the date following the end of the period for application for parcelling-out, between the Plaintiff and the Defendant, who is a person subject to cash liquidation, is deemed as legal fiction (see Supreme Court Decision 2010Da73215, Dec. 23, 2010). According to the result of this court’s entrustment of appraisal as to D’s appraiser (hereinafter “the result of the instant appraisal”), it is recognized that the market price of each real estate listed in the separate sheet as of December 24, 2013 was 867,000,000.

Therefore, at the same time, the defendant receives 867,00,000 won from the plaintiff as liquidation money equivalent to the above market price, and at the same time, sell each real estate listed in the separate sheet to the plaintiff on December 24, 2013.