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The Defendants shall receive from the Plaintiff each corresponding amount as stated in the attached Table 3’s “sale price” column.
Reasons
1. Basic facts
A. The Plaintiff was designated as the project implementer by the head of Yeongdeungpo-gu Seoul Metropolitan Government pursuant to Article 8 (4) 1 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) on the Housing Reconstruction Improvement Project (hereinafter “instant project”) in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant project”).
B. The Defendants are owners of each real estate listed in the separate sheet No. 1 in the instant business area.
C. On March 6, 2018, the Plaintiff sent a written peremptory notice to the Defendants to the effect that they would reply to whether they agree to the designation of a project implementer pursuant to Article 39 of the former Act and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”), and that if they do not reply within two months, they would exercise the right to demand the sale.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 9 (including branch numbers in case of additional number), the purport of the whole pleadings
2. 관련 법령 ▣ 구 도시정비법 제2조(정의) 이 법에서 사용하는 용어의 뜻은 다음과 같다.
9. The term “owner of land, etc.” means:
(B)
(b) In cases of a housing reconstruction project, any of the following persons (1) , the owner of structures and appurtenant land located in a rearrangement zone, and the project implementer under Article 39 may file a claim for sale of the land or building of any of the following persons, by applying mutatis mutandis the provisions of Article 48 of the Aggregate Buildings Act, when implementing the housing reconstruction project or the housing reconstruction project:
In such cases, the rebuilding resolution shall be deemed a consent to the establishment of the association (referring to the consent to the designation of a project implementer in the case of subparagraph 3), and sectional ownership and right to use site shall be deemed a request for sale.