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1. The defendant shall receive KRW 334,062,380 from the plaintiff, and at the same time, shall be stated in the attached list to the plaintiff.
Reasons
1. 기초사실(☞ 인정근거 : 갑 1~7의 각 기재와 이 법원의 감정인 C에 대한 시가감정촉탁결과)
A. On August 8, 2008, the Plaintiff obtained authorization from the head of Nowon-gu in Seoul Special Metropolitan City under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) to implement a housing reconstruction improvement project in the Seoul Special Metropolitan City, Nowon-gu D D (hereinafter referred to as the “instant rearrangement project zone”) and completed the registration of incorporation on August 27, 2008, pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”). As follows, the Plaintiff was the first Plaintiff’s member, as the owner of each real estate listed in the attached list in the instant rearrangement project zone (hereinafter referred to as the “instant real estate”), and the Defendant became the object of cash liquidation by losing the status of a purchaser by the wind that does not apply for parcelling-out by the expiration date of the period for application for parcelling-out as determined by the Plaintiff.
An application for authorization for project implementation on April 29, 201, an application for authorization for project implementation on August 25, 2011, public announcement of authorization for project implementation on July 09, 2013, and public announcement of authorization for change of project implementation on October 17, 201, public announcement of authorization for change of project implementation (or Labor-gu Labor-gu Labor-Management Plan F) on October 3, 2013 and public announcement of authorization for a management and disposition plan (G, H, and H) on October 3, 2013 and October 3, 2013 (amended)
B. On September 16, 201, the Plaintiff first determined the period for application for parcelling-out as “from September 26, 201 to October 31, 201,” and publicly announced the period for application for parcelling-out. On November 14, 2011, the Plaintiff issued an additional notice to extend the period for application for parcelling-out to “from November 14, 201 to December 2, 2011,” and filed an application for parcelling-out from its members, but the Defendant did not apply for parcelling-out.
C. Meanwhile, around December 3, 2011, the objective transaction price of the instant real estate, including development gains, was 424,062,380 won (=land 399,126,000 won building 24,936,380 won). As to the instant real estate, the provisional attachment registration was completed on April 27, 2016 with regard to the creditor I’s claim amounting to KRW 90,000 won.
2. Both parties;