A. On May 29, 2015, the Plaintiff obtained approval of the housing construction project plan with respect to the construction of multi-family housing (multi-family housing) and ancillary welfare facilities on the ground of 18,688 square meters (hereinafter “instant project zone”) outside Busan Seo-gu, Busan pursuant to Article 16 of the former Housing Act (wholly amended on January 19, 2016; hereinafter the same shall apply) from the Busan Seo-gu Office.

B. On March 16, 2012, the Defendant completed the registration of ownership transfer as to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as the receipt of the Busan District Court’s private registry office on March 28, 2012 on the ground of sale through voluntary auction on March 16, 2012.

C. After obtaining approval of a project plan on May 29, 2015, the Plaintiff demanded the Defendant to sell each of the instant real estate, but the Defendant filed the instant lawsuit in order to refuse to comply therewith. The base appraisal value on December 26, 2016, which is the date of filing the instant lawsuit, is KRW 198,850,000.

[Ground of recognition] The absence of dispute or significant facts in this court, Gap evidence Nos. 1 through 5 (including the number of branch numbers; hereinafter the same shall apply), the result of the market price appraisal entrustment to appraiser F of this court, the result of fact inquiry to the head of the Gu of Busan Metropolitan City, Busan Metropolitan City, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff exercised the right to sell each of the instant real estate by sending an application for modification of the purport of the claim and cause of the claim to the Defendant through a purchase consultation with the Defendant, who is the owner of the land and building subject to the claim for sale after the approval of the project plan. As such, pursuant to Article 18-2 of the former Housing Act, a sales contract was concluded on October 27, 2017 with the Plaintiff and the Defendant, a copy of the application for modification of the purport of the claim and cause of the claim to sell the instant real estate, which is the date of service of a copy of the application for modification of the claim

Therefore, the defendant.