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1. The Plaintiff:
A. Defendant B received KRW 105,058,603 from the Plaintiff, and at the same time, attached Table 1 through 3.
Reasons
1. Basic facts
A. The Plaintiff is a housing reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement the housing reconstruction project of the Seoul-gu Seoul-gu G Group (hereinafter “instant reconstruction project”).
B. Article 10(1) of the Plaintiff’s articles of association provides for “the obligation to remove and move under a project implementation plan as a member’s obligation,” and Article 35(1) of the same Act provides that “the partner to remove a house due to a project implementation shall move at his/her own expense during the project implementation,” and Article 35(4) provides that “the partner shall move from the relevant building within the relocation period determined and notified by the partnership, and if there is a tenant or temporary resident, he/she shall take measures to leave together with the relevant member’s responsibility.” Article 42(4) provides that “the partner shall liquidate in cash against “a person who fails to file an application for parcelling-out,
C. On December 4, 2017, the Plaintiff obtained approval of the management and disposal plan for the instant reconstruction project from the Incheonan City Mayor. On December 11, 2017, the astronomical City Mayor publicly notified the management and disposal plan for the said reconstruction project as H on December 11, 2017.
As to each real estate listed in the separate sheet in the improvement zone of this case, Defendant B shall own the real estate listed in the separate sheet Nos. 1 through 3, Defendant C shall possess the real estate listed in the separate sheet No. 9, 10, and Defendant F shall own the real estate listed in the separate sheet No. 11 and 12, respectively. Defendant D shall own one-half of the real estate listed in the separate sheet No. 6 or 8.
E. The Defendants are members who agreed to establish the Plaintiff’s association, and the period for application for parcelling-out shall be determined from March 30, 2017 to April 28, 2017.