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1.The judgment of the first instance shall be modified as follows:
The defendant is paid KRW 122,00,000 from the plaintiff.
Reasons
1. Basic facts and
2. The same part of each judgment of the first instance which established a sales contract following the exercise of the right to request sale;
(main sentence of Article 420 of the Civil Procedure Act). 3. Judgment on the defendant's simultaneous performance defense
A. (1) In a case where a project implementer fails to apply for parcelling-out or withdraws an application for parcelling-out under Article 47 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents, etc. under the principle of fairness, the owners of lands, etc. are obliged to transfer the ownership of land, etc. to the project implementer in the state where there is no limitation of rights, and the obligation of the project implementer to transfer the ownership without such limitation of rights and the obligation of the project implementer to pay the liquidation amount are in the simultaneous
(See Supreme Court Decision 2008Da37780 Decided October 9, 2008). The Plaintiff also has the obligation to transfer ownership and the obligation to pay the liquidation amount to the Plaintiff simultaneously. As such, the conclusion of a sales contract on November 17, 201, which is the day following the expiration of the period for application for parcelling-out, is deemed to be legal fiction of the conclusion of the sales contract on November 17, 201, and the purchase price is equivalent to the market price of the instant real estate. As such, the Defendant is obligated to pay the amount equivalent to the market price of the instant real estate from the Plaintiff at the same time with the payment of the amount equivalent to the market price of the instant
(2) In full view of the fact-finding and the overall purport of the pleadings as a result of the appraisal commission with respect to the Radon appraisal appraisal corporation, Gyeongnam appraisal corporation, Inc., Ltd., the market price of the instant real estate is 122,00,000 as of November 17, 201.
Therefore, the defendant is paid KRW 122,00,000 from the plaintiff, except in special circumstances, and at the same time, the real estate in this case is not restricted to the plaintiff's right.