beta
Text
1. The Defendant is based on trade on September 8, 2017 with respect to the real estate stated in the separate sheet from the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a sectional owner of the real estate indicated in the attached list (hereinafter “instant real estate”). The Defendant is a housing reconstruction and improvement project association established to implement a reconstruction project of B apartments to which the instant real estate belongs.
B. On April 12, 2017, the Defendant filed a lawsuit against seven owners of B apartment, including the Plaintiff, to sell B apartment ownership based on Article 48 of the Act on the Ownership and Management of Aggregate Buildings and Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (this Court Decision 2017Da10187, hereinafter “the lawsuit claiming sale”).
C. Upon the submission of an appraisal report to the effect that the market price of the instant real estate is KRW 146,70,000, in a claim for sale, the Defendant filed a claim with the Plaintiff to obtain KRW 146,70,000,000 by amending the purport of the claim on October 16, 2017, and simultaneously to obtain payment of KRW 146,70,000 with respect to the instant real estate on September 8, 2017. The Plaintiff recognized the claim on July 18, 2018, and the record of recognition was prepared in the claim for sale on the same day.
The Defendant did not pay the purchase price until the date of closing the argument in this case.
[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 and 4, the purport of the whole pleadings
2. According to the facts found above, the Defendant is obligated to pay the Plaintiff KRW 146,70,000 to the Plaintiff at the same time as the transfer of the instant real estate was made on September 8, 2017 by implementing the procedures for ownership transfer registration on the ground of sale and the transfer of the instant real estate.
3. The plaintiff's claim of this case is accepted on the ground of the reasons.