1. The Plaintiff:

A. Defendant B shall receive KRW 73,300,000 from the Plaintiff and at the same time obtain the payment from the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is a reconstruction association established for the purpose of constructing a new apartment on the land of 16,100.74m2 of Bupyeong-gu Incheon Metropolitan City, and the Plaintiff was publicly notified by the head of Bupyeong-gu Incheon Metropolitan City, of the management and disposal plan for a housing reconstruction project on December 30, 2015.

B. Defendant B was the Plaintiff’s member who owned the real estate in the said housing reconstruction project zone (hereinafter “instant real estate”), and did not apply for parcelling-out by July 19, 2012, which was the final date for application for parcelling-out.

C. Market value as of July 20, 2012 at the time of the instant real estate is KRW 73,300,000.

On the other hand, Defendant C occupies the instant real estate.

[Ground of recognition] without any dispute, Gap evidence 1 through 5, Gap evidence 6-1, 2, and Gap evidence 7, the result of the market price appraisal of appraiser E by this court, the purport of the whole pleadings

2. Determination as to the cause of action

A. Where a partner who has agreed to establish an association in a housing reconstruction project under the Urban Improvement Act, such as related legal principles, becomes subject to cash settlement under Article 47 of the same Act due to reasons such as not applying for parcelling-out, etc., a housing reconstruction and improvement project association, which is a project implementer, may file a claim for the registration of ownership transfer of real estate in a rearrangement zone against a person subject to cash settlement by applying Article 39 of the Urban Improvement Act mutatis mutandis to the claim for sale

However, the time when the obligation to pay the settlement money for a person subject to cash settlement arises shall be the following day after the end of the period of application for parcelling-out prescribed by the project implementer pursuant to Article 46 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents, and the same day as the base point of time for assessing the value of the land, buildings, or other rights subject to cash settlement is the same day. Thus, the date when the establishment of sales

Supreme Court Decision 201Da1548 Decided December 23, 2010