A. The Plaintiff is a housing reconstruction and rearrangement project partnership that completed the establishment registration on April 27, 2006 with the approval of establishment on May 26, 2006 to promote a housing reconstruction project in the Daegu Suwon-gu C (hereinafter “instant reconstruction project”) and the Defendant owns each real estate in the separate sheet located within the instant reconstruction project zone (hereinafter “instant real estate”).

B. On February 26, 2016, the Plaintiff obtained authorization for the change of the establishment of the instant reconstruction project from the head of Suwon-gu, Daegu-gu, the head of Suwon-gu, and the head of the association with 304,653 square meters and 54,653 square meters outside Daegu-gu, Daegu-gu, and the head of the association, who did not file a lawsuit for the change of the establishment within the exclusion period, and obtained authorization for the change of the establishment of the association with 242 landowners, including the total land, etc., on August 7, 2017.

C. On September 26, 2017, the Plaintiff sent a peremptory notice to urge the Defendant to respond to whether to participate in reconstruction pursuant to Article 39 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act on the Ownership and Management of Aggregate Buildings”).

On September 28, 2017, the defendant was served with the above peremptory notice, but did not answer within two months thereafter.

The Plaintiff filed the instant lawsuit on December 13, 2017, and expressed his/her intent to exercise the Defendant’s right to claim sale of the instant real estate (hereinafter “instant claim for sale”). The duplicate of the instant complaint stating such intent was served on the Defendant on January 17, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the cause of the claim