A. The Plaintiff is a housing reconstruction project partnership established to promote a housing reconstruction improvement project (hereinafter “instant reconstruction project”) in the Daegu Suwon-gu C.

On April 27, 2006, the Plaintiff obtained authorization for the establishment of the association from the head of the Daegu Metropolitan City Suwon-gu head of the Gu, and completed the establishment registration on May 26, 2006, and obtained authorization for the establishment of the association on August 7, 2017.

B. On July 21, 2015, D, the Defendant’s representative, purchased the land indicated in the separate sheet within the instant reconstruction project zone, and each building indicated in the separate sheet and the separate sheet (i.e., the “instant land, building, etc.,” collectively) on the ground thereof, from Edic Association, the Plaintiff’s member, from Edic Association, and completed the registration of ownership transfer as to each real estate listed in the separate sheet on August 11, 2015.

The Defendant donated the instant land, buildings, etc. from D on June 26, 2016, completed the registration of ownership transfer on July 4, 2016, and occupied the instant land, buildings, etc. as of the date of closing argument.

C. The Plaintiff received authorization from the head of Daegu Metropolitan City Suwon-gu head of the Gu on April 4, 2018 for the management and disposal plan and the project implementation plan on May 21, 2018. The Plaintiff publicly announced and notified the application for parcelling-out as the period for applying for parcelling-out to the members from July 11, 2018 to August 16, 2018, but the Defendant did not apply for parcelling-out.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5 (including additional numbers), Eul evidence 6, the purport of the whole pleadings

2. Determination on the cause of the claim

A. In principle, a reconstruction association of relevant legal principles does not recognize the right to expropriate real estate in a rearrangement zone, and the project implementer’s right to demand sale under Article 39 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter “former Act”) is against non-members in principle, and is a person subject to cash liquidation who has agreed to establish an association.