Text
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.
Reasons
1. Details of the instant case
A. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) was the executor of a housing redevelopment and rearrangement project in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with the size of 60,335.5 square meters, and was granted authorization from the Defendant on September 1, 2008; authorization for the establishment of a project on October 16, 2009; authorization for the implementation of a project on July 31, 2013; and authorization for the implementation of a project on January 21, 2015.
On October 23, 2015, an intervenor performed construction works prescribed in the above improvement project and obtained authorization for completion from the Defendant (hereinafter “instant disposition”), and the Defendant publicly notified the completion of construction on November 4, 2015.
B. The Plaintiff, as the owner of land D in Seodaemun-gu Seoul Metropolitan Government and its ground, and co-owners of land E, and F, located within the said project implementation district (hereinafter collectively referred to as “each of the instant real estate” in total, and among these three parcels of land and housing, D land was referred to as “instant land”); and the Plaintiff did not conclude a sales contract with the Intervenor within the period for concluding the sales contract notified by the Intervenor, and became subject to cash settlement pursuant to the Intervenor’s articles of incorporation around September 2012.
On December 2, 2014, the Plaintiff filed a lawsuit against the Intervenor to claim the amount of liquidation agreement for each of the instant real estate and received the judgment of the first instance court that “the Intervenor shall pay to the Plaintiff KRW 387,457,57,570 and delay damages.” On November 6, 2015, the Intervenor appealed and paid KRW 387,457,570 to the Plaintiff at the time when the Intervenor completed the procedure for ownership transfer registration for each of the instant real estate from the Plaintiff. The Plaintiff received KRW 387,457,57,570 from the Intervenor, and simultaneously performed the procedure for ownership transfer registration for each of the instant real estate from the Intervenor.” The said judgment became final and conclusive on April 12, 2016.
C. The intervenor ordered implementation in the first instance judgment rendered by the Seoul Western District Court No. 5198 in December 26, 2014, where the said lawsuit was pending, and the money so ordered.