beta
Text
1. The Defendants are paid KRW 745,830,720 each by the Plaintiff, and at the same time, indicate the Plaintiff’s attached real estate.
Reasons
1. Basic facts
A. The Plaintiff is a housing reconstruction association that obtained authorization for establishment from the head of the Daegu Metropolitan City on February 21, 2005 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and obtained authorization for establishment of the association on February 16, 2016 (hereinafter “instant authorization for modification”) from the head of the Daegu Metropolitan City on February 21, 2005 for the purpose of removing previous buildings on the ground of Daegu Jung-gu and 137 lots (hereinafter “instant rearrangement zone”).
B. The Defendants are 1/2 equity right holders of the Daegu Jung-gu, Daegu-gu and 446 square meters (hereinafter “instant land”) and their ground buildings (hereinafter “instant building”) located in the instant rearrangement zone, respectively, and the Defendants are 1/2 equity right holders of each of the instant land and the instant building (hereinafter “each of the instant real estate”). The instant real estate is set up as joint collateral as follows.
(hereinafter “instant restriction on right”). The registration of the Daegu District Court of Korea of the maximum amount of the debtor’s claims, such as the date of receipt of the registration of creation of a mortgage on the top of a priority collective security right holder, the registration of the Daegu District Court of Bank of Korea of KRW 600 million (C. 6013) of May 31, 2013, and the registration of the Daegu District Court of KRW 4 billion (C. 86816) of May 30, 2016,
C. On March 16, 2016, after obtaining the instant modification authorization, the Plaintiff, the owner of the instant land, may file a claim for sale with the Defendants by applying mutatis mutandis the provisions of Article 48 of the Act on Ownership and Management of Condominium Buildings with respect to land or buildings owned by any of the following persons when implementing a housing reconstruction project or a street housing rearrangement project:
In such cases, the rebuilding resolution shall be deemed to be the consent to the establishment of a partnership, and sectional ownership and site use rights shall be subject to the claim for sale in the project implementation district.