Text
1. The defendant receives KRW 1,518,385,330 from the plaintiff, and at the same time, "as indicated in attached Table 3" from the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an association established on October 16, 2015 with the authorization of establishment from the head of the Busan Northern District on October 23, 2015 for the purpose of the housing reconstruction project by using the land size of 24,859 square meters in the Busan Northern District as the project implementation district. The Defendant is the owner of each real estate indicated in the “real estate indication” attached to the said project implementation district (hereinafter “instant real estate”).
B. On November 5, 2015, the Plaintiff sent a peremptory notice to the Defendant stating that “The Plaintiff shall urge the Defendant to reply in writing within two months from the date of receipt of the peremptory notice, and shall be deemed not to consent if there is no reply, and shall exercise the right to demand sale under Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and Article 48 of the Act on the Ownership and Management of Aggregate Buildings,” but the Defendant did not reply within the said period.
C. On February 19, 2016, the Plaintiff filed the instant lawsuit against the Defendant claiming the sale of the instant real estate at the market price and served the Defendant with a duplicate of the complaint on February 29, 2016.
As of February 29, 2016, the market price of the instant real estate is KRW 2,178,385,330,000,000,000 with respect to the instant real estate, and the establishment registration of a mortgage over KRW 660,000 with respect to the instant real estate was completed.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 3, Gap evidence 3, Eul evidence 1 and 2, appraiser D's appraisal result, the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts of recognition 1 as to the cause of the claim, it shall be deemed that the defendant, even after receiving a peremptory notice from the plaintiff as to whether or not the plaintiff consents to the establishment of the association, asked the plaintiff to refuse to consent to the establishment of the association within a period of two months from that date. Unless there are special circumstances, the duplicate of the complaint of this case seeking to sell the real estate of this case shall be deemed to have been sold on February 29, 2016.