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1. The defendant shall receive KRW 115,00,000 from the plaintiff and at the same time enter the list of the attached real estate in the plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is an association established to implement a housing reconstruction improvement project (hereinafter “instant project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in the Nam-gu Incheon Metropolitan City C Group.
On July 29, 2011, project implementation authorization was granted on January 4, 201, and the project implementation authorization was issued on July 3, 2017, and was announced on the same day.
B. The Defendant is the Plaintiff’s member as the owner of the real estate indicated in the attached list of real estate located within the instant project zone (hereinafter “instant real estate”).
C. On February 24, 2016, the Plaintiff: (a) issued an amendment announcement of the period for application for parcelling-out to the period from February 25, 2016 to March 25, 2016; (b) issued an extension announcement of the period for application for parcelling-out on March 25, 2016 to April 4, 2016; and (c) the Defendant did not file an application for parcelling-out with the Plaintiff by the expiration date of the period for application for parcelling-out.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6 (including each number for which there are several numbers), and the purport of the whole pleadings
2. Determination
A. Where one member becomes subject to cash settlement by falling under the requirements stipulated in the Urban Improvement Act and the articles of association of the association, such as failing to apply for parcelling-out or withdrawing an application for parcelling-out, etc., a reconstruction association may file an application for the registration of ownership transfer for real estate in a rearrangement zone against a person subject to cash settlement by applying mutatis mutandis the provisions
In such cases, the base point for assessing the time when the obligation to pay the settlement money arises for a person subject to cash settlement and the value of land, buildings, or other rights subject to cash settlement is “the day after the end of the period of application for parcelling-out” as determined by the project implementer, barring any special circumstance. Therefore, a sales contract