beta
Text
The defendant shall receive KRW 1,285,029,602 from the plaintiff and at the same time real estate stated in the attached Table from the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff was designated by the head of Yeongdeungpo-gu Seoul Metropolitan Government Office as a project implementer pursuant to Article 8(4)1 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”).
B. The Defendant is the owner of the real estate listed in the separate sheet in the instant business area (hereinafter “instant real estate”).
C. On February 22, 2019, the Plaintiff sent to the Defendant by content-certified mail a peremptory notice to the effect that the Plaintiff would reply to whether to consent to the designation of a project implementer pursuant to Article 39 of the former Act and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”), and that if the Plaintiff did not reply within two months, the Plaintiff would exercise the right to demand sale (hereinafter “instant peremptory notice”).
Although the instant peremptory notice was not served on the Defendant, the duplicate of the instant written peremptory notice attached by the instant peremptory notice was served on June 16, 2019 on the Defendant.
The defendant, who was served a copy of the letter and written complaint of this case, did not express his/her opinion as to whether the plaintiff consented to the designation of the project implementer of this case until two months elapse from the date of service.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings
2. 관련 법령 ▣ 구 도시정비법 제2조(정의) 이 법에서 사용하는 용어의 뜻은 다음과 같다.
9. The term “owner of land, etc.” means:
(B)
(1) In cases of a housing reconstruction project, a project implementer under Article 39 shall be the owner of structures and appurtenant land located in a rearrangement zone, who falls under any of the following: