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1. The defendant shall receive KRW 392,054,970 from the plaintiff and at the same time enter the list of real estate attached hereto in the plaintiff.
Reasons
1. Facts of recognition;
A. (1) The Plaintiff is a reconstruction association that obtained authorization for establishment from the head of Gangseo-gu Seoul Metropolitan Government on September 9, 2009 and completed the registration of incorporation on November 19, 200 of the same year in order to implement a housing reconstruction improvement project (hereinafter “instant project”) in the Gangseo-gu Seoul Metropolitan Government and 6 lots (hereinafter “instant project zone”).
(2) The Defendant was the Plaintiff’s member, who owned the real estate indicated in the attached Table 1 List in the instant project zone (hereinafter “instant real estate”).
B. (1) On September 29, 2017, the Plaintiff received project implementation authorization from the head of Gangseo-gu Seoul Metropolitan Government on September 29, 2017, and the project implementation authorization was publicly announced on October 11, 2017, and on October 12, 2017, the period for application for parcelling-out was determined from October 12, 2017 to November 11, 2017, and notified the Plaintiff’s members, including the Defendant, of guidance for the application for parcelling-out.
(2) The Defendant did not apply for parcelling-out to the Plaintiff by November 11, 2017, which is the expiration date of the application period for parcelling-out.
(3) On December 1, 2017, the Plaintiff notified the Defendant that he/she was subject to cash settlement due to the Defendant’s failure to file an application for parcelling-out, and sent a notice of consultation on calculating the liquidation amount to KRW 387,250,000 and requesting consultation. However, the Plaintiff and the Defendant did not reach an agreement.
(4) On December 21, 2017, the Plaintiff: (a) held an extraordinary general meeting on December 21, 2017 and passed a resolution with the consent of 58 members present among 66 members; and (b) obtained the approval of the management and disposition plan from the head of Gangseo-gu Seoul Metropolitan Government on January 26, 2018.
[Ground of recognition] Facts without dispute, Gap 1 through 12, 19 evidence (including branch numbers in case of provisional number), Eul 1 and 2 evidence, the purport of the whole pleadings
2. Determination as to the cause of action
A. Relevant legal principles are Act No. 12116, Dec. 24, 2013.