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1. The defendant received KRW 89,953,00 from the plaintiff and simultaneously received KRW 89,953,00 from the plaintiff,
(a) the annexed list;
Reasons
1. Basic facts
A. On September 15, 2015, the Plaintiff: (a) obtained the authorization to establish a housing association from the head of Ulsan Metropolitan City south-gu, Ulsan Metropolitan City; (b) purchased the relevant land from the owners corresponding to at least 95% of the housing construction site area; and (c) obtained the approval to use the housing construction site under the Housing Act from the Ulsan Metropolitan City Mayor on November 16, 2017.
B. The Defendant owns each of the real estate listed in the separate sheet in the instant project site (hereinafter “instant land”) and the real estate indicated in the separate sheet attached thereto (hereinafter “instant real estate”) and each of the (Ga) section of the attached sheet attached thereto, which connects each point of which is indicated in the indication 1, 2, 3, 4, 5, and 18 square meters of a household building and container 27.8 square meters of a household building on the ground, and 18 square meters of a container (hereinafter “instant real estate”).
C. On December 6, 2017, the Plaintiff: (a) attempted to negotiate with the Defendant after sending a written request for consultation on the purchase of the instant real estate to the Defendant with a content certificate; (b) continued consultation including several dates for pleading even after filing the instant lawsuit; but (c) did not reach an agreement because the price difference between the parties was too high.
After filing the instant lawsuit on December 19, 2017, the Plaintiff filed an application for the market price appraisal of the instant real estate, reflecting the appraisal result, submitted the application for modification of the purport and cause of the claim as of May 15, 2018 and June 27, 2018, and filed a request for sale of the instant real estate at the market price.
E. The sum of the appraised value of the instant real estate as a result of the market price appraisal commission is KRW 89,953,000 (=The appraised value of the instant real estate is KRW 81,180,000 (=the appraised value of land 3,071,83,000 x 41/1547 x 41/1547 ), container 8,773,00).
[Reasons for Recognition] A.1-17 Evidence, and 1-3 Evidence, each of which is written by this Court.