2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. The Plaintiff is a corporation established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Areas and Dwelling Conditions for Residents”) for the purpose of the Daegu Suwon-gu Incheon-gu Reconstruction Project, and the Defendant was the owner of real estate in the attached Table (hereinafter “instant real estate”) located within the rearrangement project zone, and was the Plaintiff’s member.

B. On August 17, 2018, the Defendant filed a lawsuit seeking confirmation of the Plaintiff’s membership status (Seoul District Court 2017Guhap24754, hereinafter “previous case”) against the Plaintiff at an ordinary general meeting of shareholders, and sentenced the Defendant to “a confirmation of the Plaintiff’s membership status,” and the said judgment became final and conclusive.

C. Meanwhile, on July 6, 2018, the Plaintiff publicly announced the period for application for parcelling-out to the association members for parcelling-out as of July 11, 2018 to August 16, 2018. Upon the ruling of the previous case, on August 20, 2018, the Plaintiff sent to the Defendant a certificate of content that “The Plaintiff would have an opportunity to purchase a house to accept the result of the previous case,” which, on August 20, 2018, changed the period for application for parcelling-out to the date of August 27, 2018.”

However, the defendant did not apply for parcelling-out to the plaintiff by the above deadline.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 10 to 13, and the purport of the whole pleadings

2. Determination

A. 1 Determination on the cause of a claim 1) Where a partner becomes eligible for cash settlement by falling under the requirements prescribed in Article 47 of the Urban Improvement Act, such as failing to file an application for parcelling-out or withdrawing an application for parcelling-out, etc., and the articles of association of an association, a partner shall lose his/her status (see Supreme Court Decision 2009Da81203, Aug. 19, 2010). As such, a reconstruction association may file a claim against a person subject to cash settlement for the registration of transfer of ownership regarding real estate in an improvement zone by applying Article 39 of the Urban Improvement Act mutatis mutandis (see Supreme Court Decision 2010Da73215, Dec. 23, 2010). In such cases, the said association