beta
Text
1. The defendant shall receive KRW 582,300,000 from the plaintiff and at the same time real estate stated in the attached list to the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a reconstruction association which obtained authorization from the head of Gangseo-gu Seoul Metropolitan Government on September 9, 2009 for the establishment of a housing reconstruction project and completed registration on November 19, 200 of the same year in order to implement the housing reconstruction project in the Gangseo-gu Seoul Metropolitan Government and 6 lots (hereinafter “instant project zone”).
B. The Defendant was the Plaintiff’s member, who owned the real estate in the attached list in the instant project zone (hereinafter “instant real estate”).
C. The Plaintiff received project implementation authorization from the head of Gangseo-gu Seoul Metropolitan Government on September 29, 2017, and the Plaintiff determined the period for application for parcelling-out from October 12 of the same year to November 11 of the same year, and notified the Plaintiff’s members, including the Defendant, of the guidance for application for parcelling-out.
C. The Defendant did not file an application for parcelling-out with the Plaintiff by November 11, 2017, which is the date of completion of the above application for parcelling-out.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Determination
A. According to Article 47(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter “former Act”), a project implementer shall liquidate land, buildings, or other rights in cash for a person who fails to apply for parcelling-out.
A person eligible for cash settlement, who is a member who has agreed to establish an association, has lost the status of a person eligible for parcelling-out due to reasons such as application for parcelling-out and has an status as a member who is equivalent to an withdrawal of the association. Therefore, by applying Article 39 of the former Act on the Maintenance of Urban Areas and Dwelling Conditions for Sale mutatis mutandis, a reconstruction association may file a claim for
Provided, That when the obligation to pay the settlement money for a person subject to cash settlement occurs, the provisions of Article 46 of the former Act.