1. The defendant shall receive KRW 261,80,000 from the plaintiff, and at the same time real estate stated in the separate sheet to the plaintiff.

Facts of recognition

The Plaintiff is a housing reconstruction project partnership that completed establishment registration on April 28, 2008 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to promote housing reconstruction (hereinafter “instant reconstruction project”) on the scale of 15,153 square meters outside Daegu-gu, Daegu-gu, and 17 square meters, and obtained authorization for establishment change on October 20, 2015.

Since then, the Plaintiff received project implementation authorization on June 14, 2016, and announced the period of application for parcelling-out on October 26, 2016 to November 30, 2016, the Plaintiff publicly announced the period of application for parcelling-out to the association members from October 28, 2016 to November 30, 2016. A management and disposal plan for the instant reconstruction project was approved and publicly announced around February 20, 2018.

The Defendant, as the owner of each real estate listed in the separate sheet in the above project implementation district (hereinafter referred to as “each real estate of this case”), agreed to establish an association at the time the Plaintiff was established, and possessed each real estate of this case without filing an application for parcelling-out during the period of application for parcelling-out.

[Reasons] In a case where a member of a sales contract following the exercise of a claim for decision on the purport of the entire pleadings becomes a person subject to cash settlement by falling under the requirements stipulated in the Urban Improvement Act and the articles of association of the association, such as failing to apply for parcelling-out or withdrawing an application for parcelling-out, etc., a reconstruction association may file a claim for the registration of ownership transfer of real estate in a rearrangement zone against a person subject to cash settlement by applying mutatis mutandis the provisions of the Urban Improvement Act on the

In such cases, the base point for assessing the time when the obligation to pay liquidation money arises for a person subject to cash liquidation and the value of land, buildings, or other rights subject to cash liquidation is “the day after the end of the period of application for sale” as determined by the project implementer, barring any special circumstance.