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1. The Plaintiff:
A. Defendant B received KRW 1,591,216,120 from the Plaintiff, as well as a list of the attached real estate 1 and 1.
Reasons
1. Facts of recognition;
A. The Plaintiff is a housing reconstruction and improvement project association that obtained authorization from the head of Songpa-gu Seoul Metropolitan Government on June 1, 2016 to implement a reconstruction improvement project on the scale of 64,974.90 square meters in Songpa-gu Seoul.
B. As to each real estate in the attached list of the real estate located in the above reconstruction project zone, Defendant B is the owner of the real estate listed in the attached list 1 and 2 of the same list (hereinafter “first real estate”), and Defendant C is the owner of the real estate listed in the same list 3 and 4 (hereinafter “second real estate”).
C. On June 20, 2016, the Plaintiff urged the Defendants to reply to whether they will participate in the re-building within two months, and if the Plaintiff replys to the intent not to participate in the re-building or fails to reply within two months from the date of receipt of the peremptory notice, the Plaintiff shall exercise the right to demand sale in accordance with Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and Article 48 of the Act on the Ownership
‘Peremptory letter' has been sent.
The Defendants received each of the above peremptory notices on June 21, 2016, but did not answer two months thereafter. D.
The Plaintiff filed the instant lawsuit against the Defendants against the Defendants regarding the first and second real estate in accordance with the pertinent laws, and the duplicate of the instant complaint was served to Defendant B on October 26, 2016, and to Defendant C on October 6, 2016, respectively.
E. The market price of the first real estate is KRW 1,591,216,120 as of October 26, 2016, and the market price of the second real estate is KRW 1,584,965,940 as of October 6, 2016.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6 (including a combination of cases), Eul evidence Nos. 1, 2, 4, and 5, appraiser D's appraisal result, the purport of the whole pleadings
2. According to the above facts of recognition, as to the real estate No. 1 on October 26, 2016 between the Plaintiff and Defendant B, the market price at each time between the Plaintiff and Defendant C on October 6, 2016.