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1. The defendant shall receive KRW 208,69,200 from the plaintiff and at the same time real estate stated in the attached list to the plaintiff.
Reasons
1. Facts of recognition;
A. (1) The Plaintiff is a housing reconstruction project partnership with the purpose of implementing a housing reconstruction project by making the total of 246,208,208,00 square meters of Gangdong-gu Seoul Metropolitan Government C (hereinafter “C”), E, F, G G, A 234,344.9 square meters and H 11,863.4 square meters as an improvement zone.
(2) The Defendant is the owner of the land, etc. of the real estate indicated in the separate sheet in the I (hereinafter “instant real estate”).
B. 1) The Gangdong-gu Seoul Metropolitan Government Promotion Committee for the Establishment of A Apartment Housing Reconstruction Project (hereinafter “instant Promotion Committee”) which is the Plaintiff’s telegraph, filed an application for approval for establishment of the Promotion Committee with the head of Gangdong-gu Seoul Metropolitan Government (hereinafter “the head of Gangdong-gu”) for the purpose of implementing the housing reconstruction project with respect to A consisting of 71 apartments and 7 ancillary welfare facilities.
Accordingly, on October 27, 2003, the head of Gangdong-gu recognized the establishment of the promotion committee of this case by deeming that the promotion committee of this case obtained consent of 2,067 persons from among 2,695 owners of the entire land, etc. within 2,695 square meters A 234,344.9 square meters (hereinafter “previous project area”).
(2) From around 2006, the instant promotion committee sought consent to establish an association from the owners of lands, etc. in the previous business area, while holding an inaugural general meeting on November 25, 2006 and resolved on the “case of the resolution to establish a housing reconstruction project association and the consent to implement the project,” “case of the establishment of the articles of association and the operational rules,” “case of the partnership’s partnership’s officers (the head of the association, directors, auditors), and representatives’ election.”
(3) On February 21, 2009, owners of land, etc. in I held a residents’ general meeting and passed a resolution on the “case of a merger or reconstruction resolution with A” with respect to a merger or reconstruction with A, among 176 owners of land, etc. in the said complex with the consent of 142 owners of land, etc. in the said complex.
(4) At the same time, the council of occupants' representatives of I Apartments is merged with A Apartments, which is being reconstructed to the head of Gangdong-gu on March 9, 2009.