1. The defendant received KRW 94,700,000 from the plaintiff at the same time as the plaintiff received the payment from the plaintiff,

(a) real estate listed in the annex;

In this case where the plaintiff, who is a housing reconstruction and rearrangement project partnership company, seeks the ownership transfer registration and the transfer of real estate against the defendant who owns real estate within the project implementation district, during the fourth statutory date for pleading, the examination of evidence, such as documentary evidence submitted by both parties, market price appraisal of real estate, examination of witness, etc., was conducted in order to determine the amount and appropriateness of the liquidation amount

Facts of recognition

On May 30, 2005, the Plaintiff is a housing reconstruction and improvement project association that obtained authorization from the head of Bupyeong-gu Incheon Metropolitan City pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Defendant is a person who becomes a partner by owning and occupying real estate in the attached list located in the Plaintiff’s project implementation district (hereinafter “instant real estate”).

The Plaintiff, such as authorization to implement the project for the Plaintiff, was granted authorization from the head of Bupyeong-gu Incheon Metropolitan City, the authorization to implement the project with the enforcement area of 16,100.74 square meters for seven parcels outside Bupyeong-gu Incheon Metropolitan City on January 6, 2006, and the authorization to revise the project on April 9, 2012.

On May 31, 2012, the Plaintiff publicly announced the application for parcelling-out for its members, who received an application for re-sale as determined by June 29, 2012 for the members of the association, extended the expiration date of the application to July 19, 2012, but the Defendant did not apply for parcelling-out during the above period.

The Plaintiff exercised the right to demand sale to the Defendant by serving a copy of the instant complaint, which reaches the Defendant on May 17, 2016.

【Ground of recognition】 The project implementer falls under any of the following subparagraphs when it implements a housing reconstruction project or a street housing rearrangement project, under Article 39 of the Urban Improvement Act (amended by Act No. 11293, Feb. 1, 2012);