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1. The Defendant’s KRW 499,498,090 for the Plaintiff and 5% per annum from March 22, 2019 to May 23, 2019.
Reasons
Facts of recognition
A. The Defendant is a housing reconstruction and improvement project association whose establishment was registered on September 21, 2015, with the approval for establishment of the Changwon-si’s window C, which was completed on October 5, 2015 pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 13792, Jan. 19, 2016; hereinafter “Urban Improvement Act”) in order to implement housing reconstruction and improvement projects whose project implementation district covers 141,100 square meters (hereinafter “instant rearrangement zone”).
B. The Plaintiff is the owner of each real estate listed in the separate sheet in the instant improvement zone (hereinafter “instant real estate”).
C. On October 15, 2015, the Defendant sent a peremptory notice to the Plaintiff to the effect that “the Plaintiff shall reply to the consent of the establishment of an association within two months from the date of receipt of the peremptory notice, and if the Plaintiff does not consent to the establishment of an association, he/she shall exercise the right to demand sale under Article 39 of the Urban Improvement Act.” On January 27, 2016, the Plaintiff received the said peremptory notice and did not reply to whether the Plaintiff consented to the establishment of an association within two months, and filed a lawsuit seeking the Plaintiff to implement the procedures for ownership transfer registration (the Changwon District Court Decision 2016Ga50276). On December 14, 2017, the said court received the demand for sale of the instant real estate from the Defendant, and at the same time received the payment of KRW 499,498,09,09, the said judgment became final and conclusive on February 12, 2016.”
After withdrawing from the instant real estate, the Plaintiff prepared documents, such as the registration certificate, certificate of personal seal impression for sale, and power of delegation necessary for the registration of transfer of ownership. On March 20, 2019, the Plaintiff prepared documents and keys necessary for the registration of transfer of ownership to the Defendant, and thus, the Defendant did so.