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Reasons
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(영문) 서울행정법원 2016.01.29 2015구합58928
현금청산금
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1. The defendant

A. The Plaintiff’s KRW 50,773,160 as well as 5% per annum from December 10, 2013 to January 29, 2016.

Reasons

1. Facts of recognition;

A. The Defendant is a reconstruction and consolidation project association established with the authorization of establishment on May 18, 1995 to implement the apartment reconstruction project (hereinafter “instant project”) in the area of 26,941.70 square meters outside Seoul Special Metropolitan City, Gwanak-gu and 28 lots, and the Plaintiff is the owner of five lots B apartment No. 1770 (hereinafter “instant apartment”) outside Seoul Special Metropolitan City, Gwanak-gu, and 5 lots B apartment No. 175 (hereinafter “instant apartment”).

B. On August 27, 2008, the Defendant selected gold Construction Co., Ltd. as a contractor and obtained authorization for management and disposal, and concluded a sales contract with partners from August 29, 2008 to August 29, 2008. At the time, the Plaintiff paid KRW 18,759,300 to the Defendant on August 29, 2008.

Since the bankruptcy of gold Construction Co., Ltd., the defendant selected KS Construction Co., Ltd. as a contractor and again from June 3, 2013 to the same year

7. The plaintiff received the application for parcelling-out from the members until 13. The plaintiff did not make the application for parcelling-out to the defendant during the above period.

C. On October 13, 2006, the registration of ownership transfer for the apartment of this case was completed for the defendant's future on October 13, 2006, and the plaintiff delivered the apartment of this case to the defendant around October 2006.

As the Seoul Central District Court received on February 25, 2003, KRW 44,400,000 on the apartment of this case as the maximum debt amount of KRW 44,40,00,00 on the apartment of this case, the establishment registration of a mortgage, the debtor, the right to collateral security, and the right to collateral security, and the establishment registration of a mortgage (hereinafter “the creation registration of a mortgage of this case”) with the Seoul Central District Court No. 49604 on September 28, 2006, respectively.

Each of the instant mortgages was set up to secure the repayment of the Plaintiff’s debt of KRW 75,00,000,000, which the Plaintiff borrowed from the Bank of Korea. At the time of the said loan, the Defendant was in advance at the time of the loan, to use KRW 5,000,000 in order to use the Plaintiff

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