1. As to the real estate indicated in the indication of the attached real estate from the Plaintiff, the Defendant is based on the sale on September 6, 2017.

1. Under the facts, the Defendant filed a lawsuit against the Plaintiff on September 6, 2017, stating that “The rebuilding association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of removing the previous buildings on the ground of the total area of the 3,958m2 in Bupyeong-gu, Jungcheon-gu and constructing new apartment houses, etc.” (hereinafter “the instant real estate”). The Plaintiff, who owned the real estate located within the said rearrangement project zone, did not consent to the establishment of the Defendant; the Defendant, who received a claim for sale under Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, against the Plaintiff for payment of KRW 143,80,000 from the Defendant for the instant real estate; and the Plaintiff filed a lawsuit against the Plaintiff on May 18, 2018.”

(In light of the above fact-finding on the cause of the claim on September 6, 2017, the sale and purchase of the instant real estate between the Plaintiff and the Defendant was established on September 6, 2017.

Therefore, the defendant is obligated to take the procedure for the registration of ownership transfer for the real estate of this case from the plaintiff and pay 143,80,000 won to the plaintiff at the same time as the delivery of the above real estate.

Although the defendant made a defense of simultaneous performance, the plaintiff has already sought payment of the purchase price on the premise of simultaneous performance, and the performance of the opposite obligation is merely a requirement for commencement of execution, and thus, it cannot be determined.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.