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(영문) 의정부지방법원 2018.11.27 2018가단111090
소유권이전등기
Text

1. The defendant shall receive KRW 22,100,000 from the plaintiff and at the same time with regard to the real estate stated in the attached sheet from the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association that completed the establishment registration as of March 12, 2009, based on the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) for the purpose of promoting a housing reconstruction project of 60,045 square meters of Seoul Won-si, Namyang-si.

B. The Defendant owns the real estate in the attached Form (hereinafter “instant real estate”) within the said rearrangement project zone.

C. After authorization for the establishment of an association, the Plaintiff obtained authorization for the implementation of the project from the Namyang City Mayor on February 15, 2017 under Article 28 of the former Urban Improvement Act, and under Article 46, 48, and 49 of the former Urban Improvement Act, the Plaintiff publicly announced the application period for parcelling-out to March 31, 2017 as the application period for parcelling-out.

However, the defendant did not file an application for parcelling-out during the above period of application for parcelling-out.

E. The Plaintiff exercised the right to demand sale to the Defendant based on Article 39 of the former Urban Improvement Act by serving the written complaint of this case.

[Evidence A] Evidence Nos. 1 through 7

2. Determination

A. As to the cause of the claim, the Plaintiff exercised the right to sell the real estate in this case between the Plaintiff and the Defendant as a cash liquidation agent by serving a written complaint. Therefore, the establishment of the sales contract was deemed as of April 1, 2017, which is the day following the expiration of the period for application for parcelling-out.

(See Supreme Court Decision 2010Da73215 Decided December 23, 2010 (see, e.g., Supreme Court Decision 2010Da73215, Dec. 23, 2010). The time when the project implementer is obligated to pay the liquidation money is the day following the expiration of the period for application for parcelling-out, and the base point of time for evaluating the value of the liquidation property is the day following the expiration date of the period for application for parcelling-out (see, e.g., Supreme Court Decision 2008Da37780, Oct. 9, 20

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