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1. The defendant shall receive KRW 624,337,960 from the plaintiff, and at the same time real estate stated in the separate sheet to the plaintiff.
Reasons
The plaintiff is a housing reconstruction and improvement project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") established by the head of the Daegu Metropolitan City, which was approved by the head of the Gu in order to implement a housing reconstruction project (hereinafter referred to as the "project in this case") in the Daegu Seo-gu Seoul Metropolitan City, and the above authorization was publicly notified on September 19, 2018 after obtaining an approval for the management and disposal plan from the head of the Gu. The defendant consented to the establishment of the plaintiff association as the owner of each real estate listed in the separate sheet (hereinafter referred to as the "real estate in this case") located in the above project area, but the defendant did not file an application for parcelling-out within the period of application for parcelling-out as of December 25, 2016, or did not conflict between the parties, or is recognized by the purport of Gap evidence
According to Article 73 (1) of the Urban Improvement Act and Article 44 (4) 1 of the Articles of the Articles of the Plaintiff Association and the association of the association, where a partner fails to apply for parcelling-out within the period of application for parcelling-out as determined by the association, a person subject to cash settlement shall be a person subject to a cash settlement, and a person subject to cash settlement shall lose the status of a partner as a result of losing the status of a person subject to parcelling-out due to reasons such as not applying for parcelling-out, etc. Therefore, the defendant shall be
However, the time when the obligation to pay the settlement money for a person subject to cash settlement arises shall be deemed December 26, 2016, which is the date following the end of the period of application for sale determined by the project implementer. Since the same date as the base point for assessing the value of the land, buildings, or other rights subject to cash settlement is the same as the base point for assessing the value of the land, buildings, or other rights subject to cash settlement, the date when the establishment
Therefore, it is true.