A. The Plaintiff is a housing reconstruction project association authorized by the head of Jung-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on September 4, 2008.

B. On June 21, 2013, the Plaintiff received project implementation authorization from the head of Jungdong-gu Seoul Metropolitan Government, Jungdong-gu, Seoul, with the land size of 68,255.8 square meters as a project implementation district (hereinafter “instant project district”) from the head of Jung-gu, Seoul (hereinafter “instant project”).

C. On August 14, 2013, the Plaintiff publicly announced and notified the period for application for parcelling-out to the owners of land, etc. in the instant project zone as of October 2, 2013, and extended the period for application for parcelling-out on October 2, 2013 by October 22, 2013.

The defendant owned and possessed each real estate listed in the attached list (hereinafter referred to as the "real estate of this case") in the project area of this case and agreed to establish an association, and was the plaintiff's member, but did not apply for parcelling-out by the expiration date of the period for application for

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 to 9, and 12 (including virtual numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. Where a partner who has agreed to establish an association in a housing reconstruction project under the Urban Improvement Act becomes eligible for a cash settlement under Article 47 of the same Act due to reasons such as not applying for parcelling-out, etc., a housing reconstruction project partnership, which is a project developer, may file an application for registration of ownership transfer of real estate in a rearrangement zone against a person subject to cash settlement by applying Article 39 of the Urban Improvement Act mutatis mutandis.

However, the time when the obligation to pay the settlement money for a person subject to cash settlement occurs shall be the following day after the expiration date of the period of application for sale prescribed by the project implementer pursuant to Article 46 of the Urban Improvement Act, and the settlement in cash.