1. The defendant shall pay to the plaintiff KRW 36,494,818 as well as 5% per annum from May 16, 2020 to November 12, 2020.

Basic Facts

The Plaintiff is a housing reconstruction project partnership established pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 13508, Sept. 1, 2015) to implement a housing reconstruction project whose project implementation district covers 141,100 square meters of the window C of Changwon-si, Changwon-si (hereinafter “instant rearrangement zone”), and completed the registration of establishment on October 5, 2015 after obtaining authorization for establishment from the Changwon-si market on September 21, 2015.

The defendant completed the registration of ownership transfer on July 25, 1996 with respect to each real estate listed in the separate sheet in the improvement zone of this case (hereinafter referred to as "each real estate of this case").

With respect to each of the instant real estates No. 2 through 6 of the attached Schedules No. 2 to the Changwon District Court on September 20, 2006, the registration of the establishment of the mortgage was cancelled on January 28, 2020, as the No. 64050, the maximum debt amount of which was 600,000,000.

(B) The Plaintiff, upon receiving an authorization for the implementation of the project from the original market on May 15, 2017, issued a public announcement of the application for parcelling-out from June 2, 2017 to July 3, 2017, extended the period of completion of the application for parcelling-out on July 4, 2017 to July 13, 2017.

On September 6, 2017, the Plaintiff did not file an application for parcelling-out with the Plaintiff by the end date of the application for parcelling-out, and exercised the right to sell the instant real estate by filing an application for ownership transfer registration with the Changwon District Court 2017Kahap54213.

On July 11, 2019, the Changwon District Court held that, by exercising the right to demand sale against the defendant who is a person subject to cash settlement, the sale was deemed to have been concluded on July 14, 2017, the sale contract at the market price on the date following the expiration date of the period for application for parcelling-out.