A. In order to promote a housing reconstruction project (hereinafter “instant reconstruction project”), the Plaintiff is a housing reconstruction project partnership that completed the establishment registration on April 27, 2006 with the authorization from the head of the Daegu Metropolitan City Suwon-gu head of the Gu on May 26, 2006, and the Defendant is the owner of each real estate indicated in the separate sheet located within the instant reconstruction project zone (hereinafter “instant real estate”).

B. On February 26, 2016, the Plaintiff obtained authorization for the change of the establishment from the head of the Daegu Metropolitan City Suwon-gu head of the Gu with the business area D and 54,653 square meters and 304 square meters, the head of the association, and the head of the association E, but failed to file a lawsuit for the change of the establishment within the exclusion period, and obtained the authorization for the change of the establishment of the association with 242 members among 368 total landowners, etc. on August 7, 2017, following the procedure for newly collecting a written consent for

C. Around September 25, 2017, the Plaintiff sent a written peremptory notice to the Defendant as to whether to participate in the instant reconstruction project by content-certified mail within two months, but the Defendant refused to accept it and returned it.

Upon filing the instant lawsuit on December 14, 2017, the Plaintiff expressed his/her intent to exercise the right to demand sale of the instant real estate by serving a copy of the instant complaint on the Defendant. The duplicate of the instant complaint was served on December 28, 2017 on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination on the cause of the claim

A. In the event that the concessionaire, who entered into a sales contract due to the exercise of the claim for sale, exercises the right of request for sale under the Urban Rearrangement Act for those who do not participate in the housing reconstruction project, the sale contract is concluded at the market price for the land or building of those who do not participate in the housing reconstruction project at the same time.