1. The defendant acceptance intervenor received KRW 213,339,220 from the plaintiff, and at the same time, the plaintiff Jung-gu Seoul Central District C.

Basic Facts

The Plaintiff is a housing reconstruction and improvement project association that obtained authorization from the head of Jung-gu Seoul Metropolitan Government on March 8, 2012 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, for the purpose of removing previous buildings on the ground of 11,827 square meters in Jung-gu, Seoul (hereinafter referred to as “instant rearrangement zone”) and promoting a housing reconstruction improvement project that newly constructs multi-family housing, etc., and completed the registration of incorporation on March 22, 2012.

D D Diplomatic Association is a member who consented to the establishment of the Plaintiff’s association, and is the owner of 138.4 square meters in Seoul Jung-gu Seoul Metropolitan Government (hereinafter “instant real estate”).

(As seen below, the instant real estate was transferred to the Defendant Intervenor. On December 17, 2015, the Plaintiff, after obtaining authorization for the implementation of the project from the head of Jung-gu Seoul Metropolitan Government, issued a public announcement of sale to its members on July 25, 2016 pursuant to Article 46 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 13508, Sept. 1, 2015; hereinafter “former Act”). The period of application for sale was determined and notified from July 25, 2016 to September 19, 2016.

D An association has not filed an application for parcelling-out by September 19, 2016, which is the expiration date of the period for application for parcelling-out.

On June 26, 2017, the Defendant’s acquisition intervenor purchased the instant real estate owned by Diplomatic Association during the F voluntarily auction procedure in the instant lawsuit pending on June 26, 2017 and completed the registration of ownership transfer on the same day.

On July 6, 2017, the Plaintiff filed an application for intervention against the Defendant Intervenor in the acceptance of the Diplomatic Association, and this Court decided that the Defendant Intervenor’s acceptance of the instant lawsuit for the Diplomatic Association.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 4 (including a branch number, hereinafter the same shall apply) and the establishment of a sales contract to judge the whole purport of the pleadings, the cash settlement subject to the settlement of cash does not apply for the application for parcelling-out.