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1. The Defendant’s KRW 2,800,000 as well as 5% per annum from September 12, 2018 to August 14, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The pertinent Plaintiff is a cooperative established to implement a housing reconstruction improvement project in Mapo-gu Seoul Metropolitan Government, and the Defendant was a person who owned real estate in the attached list located within the business area of the said housing reconstruction improvement project (hereinafter “instant real estate”).
B. An authorization for establishment and authorization for modification shall be granted from the head of Mapo-gu Office on May 27, 2003 with the total area of 48,755 square meters in the first place of business as the project area. However, on August 19, 2010, the size of the rearrangement zone is expanded to 65,148 square meters on August 19, 201, the owners of land, etc. in a new project area [the Urban and Residential Environment Improvement Act
(B) With the consent of 75% or more of the owners of land, etc. as stipulated in subparagraph 9 (b) of Article 2, the authorization of June 26, 2012 was obtained.
C. On December 21, 2012, the Plaintiff filed a lawsuit seeking delivery of the instant real estate owned by the Defendant (hereinafter “related lawsuit”) with the Defendant, who did not consent to the said establishment (change) on December 21, 2012, along with a claim for sale prescribed by the Urban Improvement Act.
On June 3, 2016, the plaintiff was authorized by the head of Mapo-gu Office to implement a management and disposition plan, and the above management and disposition plan was publicly announced as D/ of Mapo-gu Seoul Metropolitan Government public notification on June 9, 2016.
(hereinafter referred to as “public notice of the management and disposal plan of this case”).
(1) On August 31, 2016, the Plaintiff received KRW 121,262,256 from the Plaintiff, and at the same time, the Plaintiff was sentenced to a judgment on January 9, 2013 that “the Defendant shall implement the registration procedure for transfer of ownership on the instant real estate on the ground of sale and purchase on January 9, 2013, and deliver the said real estate,” and the said judgment became final and conclusive (Seoul Western District Court 2012Gahap14050). (2) The Plaintiff was the Defendant as the principal deposit on January 15, 2018, and KRW 121,262,256.