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1. The Defendant’s KRW 3,662,770 as well as the Plaintiff’s annual rate of 5% from October 27, 2018 to May 29, 2019, and the following.
Reasons
1. Facts of recognition;
A. The pertinent Plaintiff is a cooperative established to implement a housing reconstruction improvement project in Mapo-gu Seoul Metropolitan Government, and the Defendant was a person who owned real estate in the attached list located within the business area of the said housing reconstruction improvement project (hereinafter “instant real estate”).
B. An authorization for establishment and authorization for modification shall be granted from the head of Mapo-gu Office on May 27, 2003 with the total area of 48,755 square meters in the first place of business as the project area. However, on August 19, 2010, the size of the rearrangement zone is expanded to 65,148 square meters on August 19, 201, the owners of land, etc. in a new project area [the Urban and Residential Environment Improvement Act
(B) With the consent of 75% or more of the owners of land, etc. as stipulated in subparagraph 9 (b) of Article 2, the authorization of June 26, 2012 was obtained.
C. On December 21, 2012, the Plaintiff filed a lawsuit seeking delivery of the instant real estate (hereinafter “related lawsuit”) against the Defendant, who did not consent to the said establishment (change).
On June 3, 2016, the plaintiff was authorized by the head of Mapo-gu Office to implement a management and disposition plan, and the above management and disposition plan was publicly announced as D/ of Mapo-gu Seoul Metropolitan Government public notification on June 9, 2016.
(hereinafter referred to as “public notice of the management and disposal plan of this case”).
(1) On June 29, 2016, the Plaintiff received KRW 163.1 million from the court of first instance related to the relevant lawsuit, and at the same time, the Plaintiff was sentenced to the judgment that “the Defendant shall take the procedure for the registration of ownership transfer for the instant real estate on March 8, 2013, and deliver the instant real estate.” The said judgment was dismissed and finalized as it is by the Defendant’s appeal and appeal (Seoul Western District Court Decision 2012Da14067, Seoul High Court 2016Na2049458, Supreme Court 2017Da2217855).