A. The Plaintiff is a juristic person composed of persons engaged in automobile transaction business in Seongdong-gu Seoul Metropolitan Government and E-automobile transaction complex located in the land (hereinafter “instant transaction complex”), and the Defendant is a reconstruction association established for reconstruction of the instant transaction complex (hereinafter “instant reconstruction”).

B. The instant sales complex site is designated as a distribution business facility, which is an urban planning facility under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”). Of the said site, 64 offices of motor vehicle dealers, including the instant store, and 58 stores on the ground of Seongdong-gu Seoul Metropolitan Government, Seongdong-gu Seoul Metropolitan Government, the first floor and the third floor above the ground (hereinafter “the instant building”) consisting of 58 stores, and the building consisting of 652 units below the instant store; D large 196.3 square meters is used for the purpose of the Motor Vehicle Exhibition.

C. In around 2009, Seoul Special Metropolitan City introduced a prior negotiation system for alteration of urban planning (where it is deemed necessary as a result of the evaluation of public feasibility with respect to proposals for a development plan through alteration of urban planning by landowners or persons delegated by the landowners with respect to a large-scale site, procedures for formulating district unit planning on the premise of project implementation after negotiating landowners, etc. in advance and Seoul Special Metropolitan City). Accordingly, on September 2007, the Defendant Establishment Promotion Committee (hereinafter “Promotion Committee”) which was established to promote reconstruction of this case by some of the sectional owners of the building of this case proposed to abolish urban planning facilities (distribution business facilities) and establish a development plan with respect to the sales complex of this case in Seoul Special Metropolitan City, and the Seoul Special Metropolitan City decided to maintain a distribution business area and establish a specialized center plan on May 2009.

On July 28, 2010, the promotion committee of the instant trade complex.