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1. The defendant shall receive KRW 998,398,840 from the plaintiff and at the same time shall be the real estate stated in the attached list to the plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a cooperative under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which was established to implement a housing reconstruction improvement project (hereinafter “instant project”) in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, as a cooperative under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and completed the registration of incorporation on October 10, 2013.
B. The Defendant, as the owner of each real estate listed in the separate sheet located in the instant project zone (hereinafter “instant real estate”), occupies and uses the instant real estate.
C. On December 12, 2015, the Plaintiff: (a) held a general meeting of partners and obtained a resolution to change the size of 19,246 square meters into 19,183.7 square meters; (b) the total floor area of 72,093.947 square meters into 72,093.947 square meters; (c) the maximum two stories below the scale of construction; and (d) the maximum twenty-eight stories above ground to the maximum four stories above ground; and (e) the rearrangement project cost of 112,643,918,00 won to 134,091,953,000 won; and (e) obtained on April 14, 2016 from the newly submitted members’ written consent for the establishment of the association (hereinafter “instant authorization for establishment”).
On May 16, 2016, the Plaintiff urged the Defendant to consent to the establishment of a newly modified association, but the Defendant did not express its intent until two months have passed since the receipt of the above peremptory notice.
E. Accordingly, on September 2, 2016, the Plaintiff filed the instant lawsuit containing an expression of intent to exercise the right to demand sale pursuant to Article 39 of the Act on the Ownership and Management of Aggregate Buildings and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”). The duplicate of the instant lawsuit was served on the Defendant on September 9, 2016.
F. Meanwhile, four owners of land, etc. within the instant project zone filed a lawsuit to revoke the authorization to establish the Plaintiff Association (Seoul Administrative Court 2013Guhap30353), but did not lose the judgment, and the appellate court (Seoul High Court 2017Nu3702) after remands the case is dismissed by four owners of land, etc. on May 17, 2017.