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1. The defendant is paid KRW 261,900,000 from the plaintiff, and at the same time, it is not more than 267 square meters in Gi-gu, Young-gu, Chungcheongnam-gu, the plaintiff.
Reasons
1. Basic facts
A. On November 6, 2015, the Plaintiff was a regional housing association established with the authorization of the establishment under the Housing Act as a prospective housing construction site with respect to a housing construction project (hereinafter “instant project”) to build a collective housing in the instant project site (hereinafter “instant project”). On February 12, 2018, the Plaintiff obtained the approval of the project plan (hereinafter “instant project plan”) with respect to the following matters concerning the housing construction project to build a collective housing in the instant project site (hereinafter “instant project”). On February 12, 2018, the said approval of the instant project plan was publicly announced on February 12, 2018.
Details of a site for approval for a project: The site area of the Plaintiff: 26,199 square meters (building-to-land ratio): 4,250.45 square meters (building-to-land ratio): Total floor area (16.22%): 90,950.9216 square meters (246.49%): The number of members of the association: 678 housing units: The number of members of the association: 69 households: 8 apartment units (ground 2/Ground 23-25 stories).
B. The Defendant is the owner of shares of 100/267 square meters out of 267 square meters in Yeongdeungpo-gu, Young-gu, Young-gu, the business site of the instant case (hereinafter “instant real estate”).
C. The Plaintiff acquired the ownership or right to use the land remaining 99.62% of the instant project site except the instant real estate.
At the time of filing the instant lawsuit on the instant real estate, the market price is KRW 261,90,000.
(e)The relevant Acts and subordinate statutes are:
(1) A project undertaker who has obtained approval of a project plan pursuant to Article 22 (1) 1 of the Housing Act may request the owner of a site for which a right to use has not been secured among the relevant housing construction sites to sell the site at the market price pursuant to the following subparagraphs:
In such cases, the owner of a site subject to a claim for sale shall not be less than three months before filing a claim for sale.