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1. The defendant shall receive KRW 700,566,490 from the plaintiff simultaneously with the plaintiff:
(a) real estate listed in the separate sheet;
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of the Daegu Suwon-gu Seoul Metropolitan Government Reconstruction Project.
B. The Defendant was the Plaintiff’s member, as the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) located in the rearrangement project zone.
(2) The Defendant filed a lawsuit against the Plaintiff seeking confirmation of the Plaintiff’s membership status (this Court 2017Guhap24754, hereinafter “previous case”) at the ordinary meeting of shareholders.
On August 17, 2018, the judgment that “(Defendant) confirms the status of a member of the (Plaintiff)” was rendered, and became final and conclusive as is.
C. On August 20, 2018, the Plaintiff refused to participate in re-building, sent to the Defendant an opportunity to purchase a house to be reconstructed by accepting the previous judgment, and the Plaintiff sent an application by the 27th day of the same month, but the Defendant did not want to sell the house.
C. The value and current status of the instant real estate (1) as of August 28, 2018, the appraised value of the instant real estate as of August 28, 2018 (including development gains anticipated to be derived from reconstruction) is KRW 704,566,490.
(2) Two lessees exist in the instant real estate, and their lease deposit amount is KRW 2 million, respectively.
[Ground of recognition] Facts without dispute, entry of Gap 1 through 3, 10 through 12, the result of a request for appraisal of the market price by this court, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the facts established on the basis of the conclusion of a sales contract, it is reasonable to view that the Defendant finally rejected the participation in re-building by failing to make an additional application for parcelling-out until August 27, 2018, even though the dispute arising from the previous case was resolved and the additional application for parcelling-out was possible.
On August 28, 2018, the Defendant lost the Plaintiff’s membership on August 28, 2018, and only can the instant real estate be liquidated in cash, and on the same day, the Plaintiff is entitled to the instant real estate.