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(영문) 인천지방법원 2018.07.27 2018가단207846
소유권이전등기
Text

1. The defendant shall receive KRW 54,000,000 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Determination

(a) Each fact in the separate sheet of claim and the changed cause of claim may be acknowledged, either in dispute between the parties or in Gap evidence of Nos. 1 to 7, and in full view of the purport of the entire pleadings as a result of a request for market price appraisal by the appraiser C of this Court.

B. Where a member of the relevant legal principles of this case becomes subject to cash liquidation by falling under the requirements stipulated in the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and the association’s articles of association, a reconstruction association may file a claim against a person subject to cash liquidation for the registration of ownership transfer concerning real estate in a rearrangement zone by applying mutatis mutandis the provisions on the

In such cases, the base point for assessing the time when the obligation to pay liquidation money arises for a person subject to cash settlement and the value of land, buildings, or other rights subject to cash settlement is “the day after the end of the period of application for parcelling-out” as determined by the project implementer, barring special circumstances, and thus, the date when the establishment of sales contract is deemed as

(See Supreme Court Decision 2010Da73215 Decided December 23, 2010, and Supreme Court Decision 2011Da16127 Decided September 26, 2013, etc.). In a case where land, etc. is to be liquidated in cash by satisfying the requirements prescribed under the Urban Improvement Act, the obligation to pay settlement money and the obligation to transfer ownership without registration of the restriction on rights to be borne by the owner, such as land, are the relationship of simultaneous performance.

(See Supreme Court Decision 2008Da37780 Decided October 9, 2008, etc.). Sales contract is established based on the market price for the land or building of a person who does not participate in a housing reconstruction project by exercising a claim for sale under Article 39 of the former Act. The market price is based on the objective transaction price of the land or building at the time when the right to claim sale was exercised.

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