1. The defendant is paid KRW 289,000,000 by the plaintiff and at the same time he is paid to the plaintiff.

Facts of recognition

On July 3, 2017, the Plaintiff was a regional housing association established to operate a housing construction project in the Seo-gu Seo-gu Seoul Special Metropolitan City. On September 11, 2019, the Plaintiff obtained approval for the establishment of a housing association from the head of Seo-gu Special Metropolitan City, Daegu Special Metropolitan City. On the ground of 21,058 square meters (hereinafter “instant project site”) from the Daegu Special Metropolitan City Mayor, Daegu Special Metropolitan City Mayor, the Plaintiff obtained approval for the project plan for the housing construction project (hereinafter “instant project”).

The Defendant owns real estate listed in the attached list (hereinafter “instant real estate”) located in the instant project site.

The Plaintiff secured the right to use more than 95% of the total project site, and exercised the right to sell the real estate of this case by serving the Defendant with a copy of the complaint of this case, the purport of this case, and the application for modification of the cause of the claim.

As of March 25, 2020, the market price as of March 25, 2020 is KRW 289,00,000.

[Ground for recognition] In the absence of dispute, Gap evidence Nos. 1, 2, and 3, the result of the appraisal entrustment to appraiser D by this court, pursuant to Article 22 of the Housing Act, if a project operator who has obtained approval of a project plan pursuant to Article 21(1)1 of the Housing Act secures more than 95% of the area of the relevant housing construction site, he/she may request all owners of the relevant housing site who have not secured a right to use the site at the market price. In such cases, he/she shall consult with the owner of the housing site subject to a request for sale for at least three months before making a request for sale.

In addition, Article 22 of the Housing Act only requires the prior consultation for a period of not less than three months after the approval of the project plan, but does not impose any restrictions on the method or time limit, etc.