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1. The Defendant is based on sale and purchase on September 6, 2017, as to the building indicated on the attached real estate from the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant is a reconstruction association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of removing previous buildings on the ground of the total area of 3,958m2 in the Bupyeong-gu Seoul Metropolitan Area and building new housing units. B. The Plaintiff did not consent to the establishment of the Defendant by owning the building indicated in the attached property located within the said improvement project zone (hereinafter “the building”). (c) The Defendant (the Plaintiff in this case) received 171,300,000 won from the Plaintiff (the Defendant in this case) and filed a lawsuit against the Plaintiff on September 6, 2017, by recognizing that the Plaintiff filed a claim against the Plaintiff on May 18, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the sale on September 6, 2017 between the Plaintiff and the Defendant was constituted on the instant building.
Therefore, the defendant is obligated to take the procedure for the registration of ownership transfer for the building of this case from the plaintiff and to pay the plaintiff KRW 171,300,000 to the plaintiff at the same time as the delivery of the building.
Although the defendant made a defense to the effect that 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 it is not judged separately.
3. The plaintiff's claim is reasonable, and it is so decided as per Disposition.