A. On November 16, 2016, the Plaintiff obtained authorization for the establishment of a housing reconstruction project (hereinafter “instant reconstruction project”) from the Suwon-si, Suwon-si, for the purpose of implementing the housing reconstruction project (hereinafter “instant reconstruction project”) in the area of 44,549 square meters (A zone; hereinafter “instant project area”) and completed the registration of incorporation on November 25, 2016.

B. The Defendants are the owners of each of the relevant real estate indicated in the column for “owned real estate” in the attached Table 1 List located within the instant business zone.

C. Upon filing the instant lawsuit on October 19, 2017, the Plaintiff notified the Defendants as to whether they agree to establish the Plaintiff’s association by serving a duplicate of the instant complaint on the Defendants 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 “Act”), and expressed their intent to exercise the right to claim sale on the condition that they did not express their intent of consent, such as opposing the Plaintiff’s establishment of the association within two months from the date of delivery of the duplicate of the complaint.

A duplicate of the complaint of this case was served on each of the pertinent dates for each of the defendants stated in the attached Table 2 “the delivery date of a duplicate of the complaint.”

The Defendants did not express their consent to establish an association for the lapse of two months thereafter.

[Ground of recognition] Unsatisfy, Gap's statements in Gap's 1, 2, 4 through 6 (including branch numbers), the purport of the whole pleadings

2. Determination

A. Article 39 subparag. 1 and 2 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 48 of May 1, 201) provides that “a person who fails to give consent to the establishment of an association” or “a person who owns only a building or land” for a housing reconstruction project shall file a claim for sale of land or building by applying mutatis mutandis the provisions of