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1. The Defendant’s KRW 8,780,917 as well as the Plaintiff’s annual rate of 5% from January 18, 2020 to July 9, 2020, and thereafter.
Reasons
Basic Facts
The Defendant was a cooperative established for the purpose of implementing a housing reconstruction rearrangement project (hereinafter referred to as “instant rearrangement project”) at the window C of Chang-si, Chang-si, and obtained authorization to establish an association from the original market on September 21, 2015, and obtained authorization to implement the project on May 15, 2017.
Since June 2, 2017, the defendant shall set the period for application for parcelling-out from June 2, 2017.
7.3. A public announcement of the application for parcelling-out was made on July 4, 2017, and the period for filing the application for parcelling-out was extended by July 13, 2017.
The plaintiff is the owner of the land and building in the attached list within the rearrangement project zone of this case (hereinafter referred to as the "real estate of this case"), and did not apply for parcelling-out to the defendant by the end date of the above application for
Accordingly, on September 6, 2017, the Defendant filed a lawsuit against the Plaintiff for the registration of ownership transfer of the instant real estate with the Changwon District Court 2017Gahap54213. On July 11, 2019, the said court rendered that “The Defendant exercised the right to sell by filing a lawsuit against the Plaintiff who became a person subject to cash liquidation by failing to apply for sale pursuant to Article 47(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff and the Defendant deemed that the sales contract for the instant real estate was concluded on July 14, 2017, “the day after the expiration of the period of filing the application for sale” and at the same time, the Plaintiff paid the purchase price of KRW 474,819,980 from the Defendant, and the said court rendered a final judgment on July 17, 2019 that the registration of ownership transfer was cancelled due to the registration of ownership transfer of the instant real estate.”
(hereinafter referred to as the “instant final judgment”). The Plaintiff shall be deemed to have rendered the final judgment.