A. The Plaintiff is an association established to implement a housing reconstruction improvement project (hereinafter “instant reconstruction project”) in the Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Nowon-gu pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “former Act”). The Defendant is the owner of the real estate in the attached list located within the instant reconstruction project district (hereinafter “instant real estate”).

B. On August 10, 2017, the Plaintiff obtained authorization to establish the association from the head of Nowon-gu in Seoul Special Metropolitan City, and completed the establishment registration on August 29, 2017, and the Defendant did not express its intent to consent to the establishment of the association and the reconstruction project of this case until then.

C. On April 4, 2018, the Plaintiff filed the instant suit and stated in the complaint that “The Defendant shall demand the Defendant to exercise the right to demand sale pursuant to Article 39 of the former Act through the service of a duplicate of the complaint in this case, and if the Defendant does not consent to the establishment of the association or fails to reply until two months elapse after the delivery of a duplicate of the complaint in this case, he/she shall exercise the right to demand sale by deeming that he/she does not consent to the establishment of the association pursuant to Article 39 of the former Act and Article 48 of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Act”). The duplicate of the complaint in this case was served on the Defendant on June 2, 2018.

From June 2, 2018 to August 2, 2018, the Defendant did not express to the Plaintiff the consent to establish an association or to participate in the instant reconstruction project by August 2, 2018.

E. The assessed market value of the instant real estate as of August 3, 2018 is KRW 444,219,240, and the instant real estate is currently set up a collateral security amount of KRW 202,40,000, the debtor, the mortgagee D, the maximum debt amount, and the maximum debt amount.

F. Relevant regulations (amended by Act No. 14567, Feb. 8, 2017) (amended by Act No. 14567, Feb. 8, 2017).