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1. The defendant is paid KRW 298,534,00 from the plaintiff, and at the same time, the plaintiff is not more than 122 square meters of the Dongjak-gu Seoul Metropolitan Government road.
Reasons
1. Indication of claims: To be as shown in the attached Form;
[Ground of recognition] Facts without dispute, entry of Gap 1 to 4 evidence (including additional number), D's appraisal result of appraisal date D's appraisal result, inquiry and reply of D's inquiry of this court, the purport of the whole pleadings
2. Scope of obligation to pay the purchase price in simultaneous implementation relations.
A. As a result of the appraisal conducted by D on the appraisal date, the fact that the market price of the instant real estate on August 6, 2015, which was the date of establishment of the real estate sales contract, was 298,534,000, was grounded in full view of the fact-finding results of the fact-finding inquiry into D on the appraisal date of this court, and thus, the purchase price to be paid to the Defendant is 298,534,000 won, barring any special
B. The Plaintiff asserts that 147,010,000 won, the appraised value, which was assessed on the premise that the instant real estate is a road, is the purchase price.
The market price of the land subject to a claim for sale is the objective market price at the time when the right to claim for sale is exercised, which is the price assessed on the premise that the housing reconstruction project is implemented, that is, the price that includes the development gains expected to be incurred due to reconstruction, and as long as the land category and current status of the real estate in this case are part of the common housing site when the housing reconstruction project is implemented, it is reasonable to evaluate the real estate in the same way as the market price of the neighboring housing site when the housing reconstruction project is implemented (see, e.g., Supreme Court Decision 2014Da41698, Dec. 11, 2014). As such, the market price of the real estate in this case should be 298,534,000 won, which is the appraised price per
Therefore, the plaintiff's assertion is not accepted.