beta
Text
1. The defendant shall pay KRW 215,311 to the plaintiff B.
2. Plaintiff A’s claim and the remainder of Plaintiff B’s claim respectively.
Reasons
1. Facts of recognition;
A. The Defendant is a housing reconstruction and improvement project association established under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 13508, Sept. 1, 2015; hereinafter “Urban Improvement Act”) to implement a housing reconstruction and improvement project (hereinafter “instant rearrangement project”) whose project implementation district covers 141,100 square meters of the window D (hereinafter “instant rearrangement zone”), Changwon-si’s window D, which was established under the Housing Reconstruction and Improvement Act (amended by Act No. 13508, Sept. 1, 2015; hereinafter “Urban Improvement Act”), regardless of whether before or after the amendment of the Act, and completed the establishment registration on Oct. 5, 2015.
B. On August 21, 2014, the Plaintiffs completed the registration of ownership transfer on July 22, 2014 with respect to 1/2 shares of each of the E 1/2 of the window of Changwon-si, Changwon-si in the instant improvement zone (hereinafter “instant land”) and 72.23 square meters of the ground menter’s wall, brick, string, and 72.23 square meters of a single-story housing (hereinafter “instant building”).
C. On October 13, 2015, F Co., Ltd. completed the registration of the Changwon District Court with respect to each of the instant real estate as joint collateral and the registration of the establishment of a neighboring mortgage to Plaintiff A (hereinafter “each of the instant collateral mortgages”) with respect to each of the instant real estate as the registration of the Changwon District Court, the maximum debt amount of which is KRW 120,00,000, and the amount of which is KRW 9875.
On May 15, 2017, the Defendant received project implementation authorization from the Changwon market, and publicly announced the period for application for parcelling-out from June 2, 2017 to July 3, 2017, and extended the period for application for parcelling-out on July 4, 2017 by July 13, 2017.
E. On September 6, 2017, the Defendant did not file an application for parcelling-out with the Defendant by the end date of the application for parcelling-out, filed a lawsuit against the Plaintiffs on September 6, 2017 against the Changwon District Court 2017Gahap54213, thereby exercising the right to claim sale.
F. On July 11, 2019, the Changwon District Court rendered the Defendant.