Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 19, 2010, the Defendant’s real estate indicated in the attached Table 1, which acquired the right to collateral security regarding the instant apartment (hereinafter “instant apartment”) owned B, and the Defendant completed the registration of the establishment of a mortgage over the instant apartment as the Changwon District Court No. 17328, Mar. 19, 2010, with respect to the instant apartment as to the obligor B, the maximum debt amount of KRW 870,000,000, and the part of the Defendant with the obligee as the Defendant (hereinafter “the registration of the establishment of a mortgage over the instant apartment”).
B. The Plaintiff’s deposit of cash settlement money and acquisition of ownership of the apartment of this case
(2) The Plaintiff, who was implementing a reconstruction project at the window C of Changwon-si where the instant apartment was located, failed to apply for parcelling-out within the period of application for parcelling-out, and thereby became a person subject to cash settlement pursuant to Article 47(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, applied mutatis mutandis Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. Accordingly, on January 11, 2014, the Plaintiff was deemed to have established a sales contract for the instant apartment. 2) After the appraisal, the Plaintiff determined the cash settlement amount of the instant apartment to KRW 310,350,000, and the Plaintiff made 300,000,0000,000 won for the settlement money claim against the Plaintiff from May 2, 2014 to November 20, 2014, KRW 20,000,000,000,000,0000,000.
(Seoul District Court No. 4228, 2014). 3 The Plaintiff concluded a sales contract on February 16, 2015 with respect to the instant apartment on January 11, 2014.