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1. The Plaintiff:
A. At the same time, Defendant B received KRW 55,528,600 from the Plaintiff, and at the same time, written in the attached list (1).
Reasons
1. Facts of recognition;
A. The Plaintiff is a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) that completed the establishment registration on September 7, 2016 after obtaining authorization to establish a housing reconstruction project from the Suwon-si G (hereinafter “instant reconstruction project”) for the purpose of promoting the housing reconstruction project in Suwon-si G.
B. Meanwhile, on November 15, 1999, the network H was the owner of the land indicated in the [Attachment List located within the instant reconstruction project zone (hereinafter “instant land”). On the other hand, on the other hand, the deceased who left Defendant C, Defendant F, Defendant D, Defendant E, Defendant E, and Nonparty I as the heir’s spouse. The heir’s share in inheritance is 3/13 of Defendant B and 2/13 of the remainder Defendants, respectively.
C. On January 31, 2017, after obtaining authorization to establish the association, the Plaintiff sent a peremptory notice to the Defendants on whether to participate in the instant reconstruction project within two months (hereinafter “instant peremptory notice”) by content-certified mail. On November 5, 2017, the Plaintiff reached Defendant B, C, D, and E respectively, and Defendant F on November 18, 2017, but the Defendant did not reply to the instant peremptory notice for the lapse of two months thereafter.
The Plaintiff filed the instant lawsuit on January 22, 2018, and expressed his/her intent to exercise the right to demand sale prescribed in the Urban Improvement Act, etc. on each of the instant real estate by serving a duplicate of the instant complaint on the Defendant. The duplicate of the instant complaint was served on each of the Defendants on February 2, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. The sales contract is concluded at the market price for the land or building of a person who does not participate in a housing reconstruction project at the same time when the project implementer exercises the right to demand sale under the Urban Rearrangement Act.