1. Of the instant lawsuit, the Seoul Northern District Court rendered a judgment against the Defendant as to the area of 107.8 square meters in Jung-gu Seoul Central District Court.

1. Basic facts

A. On March 8, 2012, the Plaintiff is a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) approved by the head of Jung-gu Seoul Metropolitan Government for a reconstruction project of apartment houses, ancillary facilities, etc. (hereinafter “instant project”).

B. The Defendant is the owner of the instant land and the instant land located in the instant project site, and the instant land and the instant land of the brick sloping roof (hereinafter “instant housing”).

C. On December 17, 2015, the Plaintiff obtained authorization to implement the project from the head of Jung-gu Seoul Metropolitan Government, and on July 25, 2016, pursuant to Article 46(1) of the former Urban Improvement Act (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Urban Improvement Act”), the period for application for parcelling-out from July 25, 2016 to the same year.

9. The application for parcelling-out has been publicly announced as of 19.

In addition, the defendant filed an application for parcelling-out during the above period, and the plaintiff removed the house of this case from the defendant.

On November 7, 2017, the Defendant completed the registration of ownership transfer on the instant land by reason of the trust held on October 19, 2017 to the Plaintiff.

E. The Plaintiff’s sales contract period from March 12, 2018 to the same year.

3. Although the sale contract was determined and announced as 14., the defendant did not conclude the sale contract within the above sale contract period.

F. As of March 15, 2018, appraiser E assessed the market price of the instant land as KRW 356,818,800, and the market price of the instant housing at KRW 56,700,040.

Article 44 (Application for Parcelling-Out, etc.) Paragraph (4) of the same Article shall apply to a person who has failed to apply for parcelling-out from among the members of the association, a person who has withdrawn the application for parcelling-out before the expiration of the period for application for parcelling-out, or a person who is excluded from the object of parcelling-out under the management and disposal plan authorized under Article 48 of the Act