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1. The Defendants shall pay to the Plaintiff each share of 1/2 of the real estate listed in the separate sheet, and payment in kind on June 2, 2014.
Reasons
Basic Facts
The defendant Blue Housing Association (hereinafter referred to as the "Defendant Association") is a reconstruction association formed to remove old apartment houses built on the ground of 2,922m2m2 in Dobong-gu Seoul Metropolitan Government, and reconstruct apartment and neighborhood living facilities. The defendant Blue Housing Association (hereinafter referred to as the "Defendant Company") entered into a construction contract with the defendant Association on January 3, 2012 for construction works for 48 units of apartment and one unit of neighborhood living facilities (hereinafter referred to as the "construction works in this case").
Among the above 48 households, 20 households and 1 Dong living facilities among the above apartment units were to be disposed of at will by the defendant company under the name of the construction cost for the construction work of this case.
On December 13, 2012, the Defendant Company, which acquired the Plaintiff’s claim, provided a subcontract for the construction work of electricity, telecommunication, and fire-fighting systems at the cost of KRW 345 million among the construction work in the instant case.
On June 2, 2014, the Defendants agreed to transfer the ownership of 206 units of the reconstruction apartment 20 units (hereinafter referred to as the “instant apartment”) that the Defendant Company would receive from the Defendant Cooperative to juk power on the pretext of payment in lieu of the construction cost (hereinafter referred to as the “instant agreement”) upon completion of the construction of electricity, telecommunication, fire fighting, and fire fighting construction and submission of defective performance guarantee bonds.
On December 14, 2012, the Plaintiff completed the construction by re-subcontracting the said construction work with the amount of KRW 345 million of the contract amount of the electricity, telecommunications, and fire-fighting systems construction from juk power, and on February 17, 2016, juk power was issued to the Defendant Company by obtaining a warranty bond for the said construction from the Electric Contractors Mutual Aid Association.
On August 6, 2015, juki Electric Power transferred the right to the apartment of this case to the Plaintiff, and on October 20, 2017, notified the Defendants of the assignment of the above assignment and the above notification reached around that time.
The apartment of this case is currently one of the Defendants.