beta
Text
1. The Defendant: 140,447,746 won to Plaintiff A and 5% per annum from December 12, 2018 to February 15, 2019.
Reasons
1. Basic facts
A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Defendant is a housing reconstruction and improvement project association which completed the registration of incorporation on October 12, 2009 with the approval of establishment on September 29, 2009 for the purpose of removing existing buildings and constructing apartments by setting the area of project implementation (hereinafter “instant rearrangement zone”) of the area of project implementation (hereinafter “instant rearrangement zone”). The Plaintiffs owned land and buildings within the rearrangement zone in the instant case.
B. The Defendant filed a lawsuit against the Plaintiffs who did not reply to the notification of whether the establishment of the association was approved by filing a claim for the registration of ownership transfer, etc. (hereinafter “related case”) with the Suwon District Court, Suwon District Court, 2010 Gohap3600, and exercised the right to demand sale. The copy of the complaint was served on the Plaintiffs, and the sales contract was concluded regarding the real estate owned by the Plaintiffs.
C. On February 2, 2012, the court of first instance rendered a judgment to grant the Defendant payment of KRW 15,655,777,942 to Plaintiff A, Plaintiff C’s KRW 1,273,584,00 to Plaintiff C, and Plaintiff B’s KRW 193,059,090 (amended by the Supreme Court Decision No. 1,304,654,000) to the Defendant at the same time, the court of first instance rendered a judgment to grant the Defendant a provisional registration completed in real estate for the purpose of a claim for sale, and to transfer the real estate for the purpose of sale.
The Defendant appealed (Seoul High Court 2012Na23674) against Plaintiff A and C (Seoul High Court 2012Na23674), and the appellate court dismissed the Defendant’s appeal against Plaintiff C on June 11, 2014, and rendered a decision that Plaintiff A paid KRW 6,177,963,620 from the Defendant to deliver the target real estate to the Defendant at the same time, and the Defendant appealed to the Defendant, but the appeal was dismissed on November 13, 2014.
E. On May 15, 2013, Plaintiff B, etc., such as the Plaintiffs’ demand for payment of the judgment amount, to the Defendant.